I recently bardered my motorcycle on craigslist for a soundsystem that still had money owed on it?
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I recently bardered my motorcycle on craigslist for a soundsystem that still had money owed on it?
The soundsystem belonged to a rent-to-own type place and still had $1400 owed on it; the owner called and gave them my info to have it collected. Now I am out my motorcycle, and the people I bartered with refuse to return it. How do I go about sueing? The law says because I made the transaction they techtechnically didn’t steal my bike, yet here I am no bike, no sound system.
Asked on June 17, 2015 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It would not be theft, but it may be fraud: the knowing or intentional misrepresentation (lie) about a material fact (their ability to transfer the sound system to you), which you reasonably relied upon (no reason to doubt them). If it was fraud, that could provide grounds to either void the transaction (get motorcycle back) or get monetary compenation (e.g. value of sound system) from the other party. It may also be breach of contract (even if the contract was simply an oral agreement to barter)--they were not able to provide you their part of the deal (a sound system which you would be able to own and keep). Therefore, you may wish to sue them for fraud and breach of contract.
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