Can I go to court if I paid for a motorcycle but did not receive the title? 1 Answers as of January 12, 2011

My husband and I bought a bike from his Aunt's new husband in June, went down and took out a loan, and paid him $2800 which he gave a bill of sale (not notarized) in return. Ron (Aunt's husband) licensed the bike in his name which he had purchased from a car lot in town, and told us when the title returned to him in a few weeks, he would get it notarized and we would then transfer it into our name. Because he was somewhat family, we trusted this. A month after we purchased the bike, we found out we were pregnant and decided we needed to sell the bike. Ron informed us the title had still not come back but he would look into it. Long story short, our window to sell the bike in which there was nice weather is now gone, it is winter and we have a bike that we haven't been able to sell but can't ride. We put a $300 new tire and $80 battery on the bike, as well as have paid interest on this loan every month... The bike is still in his name as he claims he has never received a title for it. I inquired as to the status of the title with the County Treasurer, and they said a title had been issued in July, but no title had been issued since, and Ron claims he has re-filed several times for a new title. I finally confronted Ron and told him that this was not a battle we wanted to fight and would appreciate if he would just give us the $2800 back in return for the bike. He refuses. Is there anything we can do legally?

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Law Offices of Scott G. Hilderman
Law Offices of Scott G. Hilderman | Scott G. Hilderman
Yes. You have a claim for breach of contract.
Answer Applies to: Montana
Replied: 1/12/2011
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