There are many websites that give advice when buying a used motorcycle, but I've found very few that have discussed the issues of safety when selling your motorcycle. In the world of the internet and sites like Craigslist and eBay, it is easier than ever to buy and sell used merchandise in a worldwide market. As great and useful this is, it also opens ourselves up to dealing with a broader range of strangers: some decent folks, and some not-so-decent folks.
I've bought and sold many used motorcycles. Most, with the exception of ONE experience (I was the seller), have been positive. From the one negative experience I've had, where personal threats, harassment, the police, and eventually court, was involved, I've learned a lot and have taken precautionary steps when selling items on the internet. I once believed that most people are inherently good... but as I've come to realize, you may have a potentially annoying, and possibly dangerous situation on your hands when selling a high ticket item. Again, this is the way I personally handle my private motorcycle sales, adopted after my last negative episode.
1. Initial contact: I do not post or give out my phone number unless the interested party is ready to buy. In most cases, I avoid giving my phone number altogether. Your phone number, especially a land line, can be reversed-searched and your personal information can be brought up. I prefer to communicate only through e-mail, and if a phone number is absolutely necessary I give my cell phone number which is not as easily reversed-searched.
2. Meeting: I never let a person come to my home unless it is absolutely necessary or that I feel comfortable with the particular individual. When you invite somebody to your home, they may be "casing" your house for valuables, posing as a potential buyer. It gets worse when you have "tire-kickers" or multiple people coming over. I try to meet the potential buyer during the day in a heavy traffic area, such as a shopping plaza. That way, a mugger or scammer will have less of a chance to take advantage of you. There have been incidents where sellers have been greeted by a "buyer" who really ends up robbing them. Also, have a friend or relative accompany you not only for safety, but as an eye witness of the sale in the event there is a dispute that ends up in court.
3. Bill of Sale: In my opinion, if all is safe and good with your buyer, this is the most important part of the sale. I feel it is important to have a solid Bill of Sale that will hold up in a courtroom if any civil dispute ever were to occur. A "Bike is Sold As Is" scratched across a napkin just won't cut it. This is the Bill of Sale I use:
* * * * * * * *
Motorcycle Bill of Sale
1. THE PARTIES TO THIS AGREEMENT ARE:
1.1 THE SELLER:
Name(s): ___________________________________
Address: ___________________________________
___________________________________
1.2 THE BUYER:
Name(s): ___________________________________
Address: ___________________________________
___________________________________
The parties choose the above stated addresses as their physical addresses at which legal proceedings may be instituted.
2. THE OBJECT OF THE SALE IS:
2.1 Type of Motorcycle:
2.2 Make and Color:
2.3 Model:
2.4 Year:
2.5 Registration Number:
2.6 Vehicle Identification Number (VIN):
2.7 Odometer Reading:
SELLER’S INITIALS ______ BUYER’S INITIALS ______
3. OWNERSHIP:
3.1 The Seller guarantees that he/she is the true and lawful owner of the above-described motorcycle and that it is free of all encumbrances and any and all legal claims.
SELLER’S INITIALS ______ BUYER’S INITIALS ______
4. WARRANTY:
4.1 The Seller warrants that at the date of signature of this agreement there are no licensing fees or fines or other penalties outstanding against the registration of the motorcycle sold in terms of this agreement.
SELLER’S INITIALS ______ BUYER’S INITIALS ______
5. NO WARRANTIES OR GUARANTEES:
5.1 The Seller or his/her agent gives no warranty or guarantee other than those specified in 3.1 and 4.1
SELLER’S INITIALS ______ BUYER’S INITIALS ______
6. DISCLAIMER:
6.1 The motorcycle is sold "As-Is" and the seller shall not be liable for any defects, patent, latent or otherwise.
6.2 The Buyer admits having inspected the motorcycle to his/her satisfaction and that no guarantees or warranties of any nature were expressed or implied by the Seller or his/her agent regarding its condition or quality.
6.3 The Seller has disclosed the mechanical and cosmetic condition of this motorcycle and has discussed parts and/or work done to this motorcycle while in his/her possession to the best of his/her knowledge.
6.4 The Seller does not guarantee the nature of mechanical work nor the parts bought and installed while this motorcycle was in his/her possession.
6.5 The Seller will not provide any full or partial refunds, exchanges, credit(s) or buy-backs of the motorcycle in part or in whole after this sale has occurred. The sale of this motorcycle is FINAL. The Buyer accepts full responsibility of the motorcycle and its mechanical condition after the sale.
SELLER’S INITIALS ______ BUYER’S INITIALS ______
7. LEGAL AGE:
7.1 The Buyer is of legal age and legally competent to enter into this agreement.
SELLER’S INITIALS ______ BUYER’S INITIALS ______
8. TRANSFER OF OWNERSHIP AND COSTS:
8.1 The Parties agree to sign all documents necessary to transfer ownership of the motorcycle from the Seller onto the name of the Buyer within 7 (SEVEN) days of signing this agreement of sale.
8.2 The Buyer shall be liable for all costs relating to the registration of the motorcycle into his/her name and all costs relating to the Roadworthy Certificate.
SELLER’S INITIALS ______ BUYER’S INITIALS ______
9. PURCHASE PRICE:
9.1 The Purchase price is the sum of ______________________
9.2 The Purchase price is to be paid in full by bank guaranteed check or in a manner as agreed by both parties (specify):
9.3 Ownership of the motorcycle will only pass onto the Buyer once the bank honors the check or other legal instrument of payment.
9.4 The motorcycle will only be delivered to the Buyer once payment has been received in full as per 9.3
SELLER’S INITIALS ______ BUYER’S INITIALS ______
10. POSSESSION AND TRANSFER OF RISK:
10.1 The Risk passes to the Buyer once the Buyer or his/her agent receives the keys to the motorcycle or takes possession of the motorcycle.
Signed at ______________________on this ______day of _________________20____
SELLER: _______________________________________________
BUYER: ________________________________________________
* * * * * * * *
In my personal opinion, this Bill of Sale is as complete as possible and protects me, the seller, in every possible scenario. Print two copies of this and have both copies initialled and signed by you and the buyer in blue or black ink.
4. Exchange of Money: Except CASH only. I know this seems obvious, but there are still those out there accepting other forms of payment, and that can bite you back in a bad way. As uncomfortable as it may seem, have the buyer count the money and then re-count it yourself once it exchanges hands. Immediately give the buyer the keys and/or title once the money count is good. This closes the deal.
5. Post Sale: Mail the DMV Release of Liability as soon as possible; best if mailed that same day. In the event the motorcycle is used in an illegal manner or is involved in an accident, this will keep you safe. Don't forget to make a copy of the Release of Liability and keep it with your copy of the Bill of Sale. Keep your copies in a safe place and make sure you have access to them in the event a dispute occurs.
6. If a Dispute Occurs: DOCUMENT EVERYTHING! Every e-mail, phone call, mailing, communication, police report(s), etc. either directly or indirectly with date and time if possible. Keep everything neat and organized and have it ready at all times.
As I've stated before, all of my motorcycle sales and purchases have been positive except ONE. And that one really made life stink for a bit there. Remember, you are dealing with strangers, and you don't really know the mental state or temper of these strangers you are dealing with. Most of the time, buyers are decent people and understand the nature of a personal, used item sale. But sometimes we encounter a complete weirdo who may think you have a return policy, and you don't - and this is why you must protect yourself as a seller.
Be safe, sell safe, and protect yourself. You really never know who you are dealing with.
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