Full question:
Two years ago an individual purchased a BMW motorcycle from me. The value was approximately $10,000 and that was the purchase price. He paid with a Suntrust cashier's check and I gave him a notarized bill of sale. The date was March 16, 2007. The title was delivered to me one week later. The individual communicated that he would be back in two weeks to get the bike. He never came to get the bike. I have called three times over two years, but each time he suggest he will come soon. He has never initiated a call to me and it has been over a year since our last communication. I still have the title, the bikes still in my garage. Who legally owns the bike and what is your advice?
- Category: Abandoned Property
- Date:
- State: Tennessee
Answer:
If the motorcycle is considered abandoned, local laws regarding abandoned property will apply. These laws vary by location but typically require you to send a notice to the last known address of the owner. This notice should specify a time limit for retrieving the property before it can be sold. I recommend contacting your local police department for information on the specific abandoned property laws in your area.
In your case, a bailment has been created since you are holding the motorcycle for the buyer. In a gratuitous bailment, where you are not being compensated, you must still take reasonable care of the property. The standard of care is lower in a gratuitous bailment, meaning you are liable only for gross negligence. To establish a bailment, you must have physical control of the motorcycle and the intent to possess it. If a court finds that your liability would be unfair, it may determine that you do not have the necessary physical control or intent to possess.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.