Ownership troubles... | GTAMotorcycle.com

Ownership troubles...

Scary

Well-known member
Hey I apologize in advance if this turns out to be kinda long and convoluted.

I bought a new bike (new to me) just over a month ago. It was kind of a hidden find on kijiji and I jumped on it. The bike is ten years old and was in the possession of an old (65+) man who was holding onto it as kind of a memento of his son (original owner); his son passed away in 2009. Long story short, the old man realized it wasn't doing him any good sitting there and he decided to sell the bike. I showed up with my gf, looked at the bike, and put a deposit on it. The next day I returned to get it as it had to be trailered home.

Upon writing the bill of sale, exchanging monies, trailering the bike, he pointed out that he would like some more time to get the ownership straightened out before giving it to me; it was still in his son's name and he just wanted to do things completely legal, get into his name first, etc. I can understand that... I'm the same way and would be very reluctant to sell something were it not in my name as I've had it come back on me before. I said okay, no problem, the bike needed some work anyway and worse case, my gf's family lived in the area and I could send her back there to pick up the ownership once it's all changed over. That was a month ago.

Since then, he's been to the ministry probably between 5-10 times with varying legal documents that they've requested from him and no luck. To complicate situations, his english isn't the greatest so i'm sure some things are getting lost in translation and making matters worse. Anyway, I'm reaching the end of my rope here. Up until now, I've had my ninja 750 to ride but I sold that to a friend and have been putting off the delivery of the ninja to him for a while, waiting for this ownership problem to resolve. I can't put it off any longer. At the end of this week, I have to deliver the ninja to my buddy, he's psyched to have it and I can't blame him, he's been waiting a few weeks. Which means that at the end of this week, I'm also out a set of wheels (I have a car but it's costly on insurance and currently sittting in my driveway, where it will sit for the summer unless it sells.. if anyone is interested in a 2007 saab 9-3 aero, send me a PM it's for sale!!!).

I mentioned that the bike needed some work, I've put roughly $500 into it - I had to rebuild the rear master cylinder, replace the exhaust, replace foot shifter, replace ram air duct, add a steering damper, replace the front rim, and troubleshoot and fix a fault code that was recurring. I did everything myself so there's no money in labour but still. I'm really hesitant to ask to give the bike back because it runs awesome now and has very little in the way of flaws; but it's still a little pricey to be considered a track bike.

So what are my options? There HAS to be a way for me to get the ownership in my name.... right now I'm waiting on him again.... he retained a lawyer who is trying to work on his behalf to get it done but the guy quoted him approx 1 month!! This sucks royally. If there's anyone out on gtam that knows the steps that I need to take to get this done and done, please feel free to PM me or post here. I'm getting very frustrated and starting to think that this will never happen.
 
Maybe it's just me but I wouldn't have paid him a dime until he handed me the keys and a signed uvip and vehicle permit. By giving him your money, you removed his motivation for getting it done. I would ask him for your money back ASAP or ask that it be placed in trust with a lawyer until the ownership issue is solved.
 
I would have a look at a translation service, if language is an issue. MTO most likely needs a copy of the death certificate for the son, but a lawyer will likely be needed to get the bike in the old fella's name. Depends on the son's will, etc. etc. It can be done but it won't be an easy transaction.

On a side note... what were you thinking buying a bike with no docs? And then spending money to fix it up? If I was a bad person, I would have my bike removed from your garage with my new upgrades!

Good luck.
 
Maybe it's just me but I wouldn't have paid him a dime until he handed me the keys and a signed uvip and vehicle permit. By giving him your money, you removed his motivation for getting it done. I would ask him for your money back ASAP or ask that it be placed in trust with a lawyer until the ownership issue is solved.

It's just you :p
I've been around the block a few times and I think I'm a pretty good judge of character, so I'm not worried about being ripped off or misled. I am, however, apprehensive that this is not going to be resolved quickly. As of right now, I'm contemplating taking the bike back to him which completely blows just so that I have something to ride this summer :(
 
On a side note... what were you thinking buying a bike with no docs? And then spending money to fix it up? If I was a bad person, I would have my bike removed from your garage with my new upgrades!

Good luck.

Yes, i know, you called that one right :cussing:Against my better judgement, that's for sure.
I still have all the old parts so I can put them back on and call it a day but it'd still be in better condition than when I bought it.
 
Since the father is technically the executor of his son's belongings, he can sign the ownership, it's not a big deal. Does the father still have his son's driver's license number? That helps to back up your story. I bought a bike with a dead man's ownership and his daughter signed the ownership and I got it registered in my name no problem. You also need to go to the right MTO, like the one on Queensway and Kipling.

BTW I now recall this bike. It was posted here and was bought within an hour. People were debating whether the ad was legit and it looks like it was.
 
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Retro is right.
I bought a car from a man. Didn't plate it for 3 yrs. Went to transfer owwnership and plate it, and had lost the ownership. Tried to find the man to ask him to get me another. He had died. Looked up his obituary. His wife was listed as exectutor. Found her via google. called her. She was happy to help. She got a new ownership an hr later, and signed it. All it took was one afternoon and a couple of 15 minute drives.
 
Since the father is technically the executor of his son's belongings, he can sign the ownership, it's not a big deal. Does the father still have his son's driver's license number? That helps to back up your story. I bought a bike with a dead man's ownership and his daughter signed the ownership and I got it registered in my name no problem. You also need to go to the right MTO, like the one on Queensway and Kipling.

BTW I now recall this bike. It was posted here and was bought within an hour. People were debating whether the ad was legit and it looks like it was.

Hey thanks, that's encouraging. This is what I thought we could do in the first place but he was adamant about wanting to do it 'legal', so I relented.

I'm not sure if it's the bike you're thinking of though. The bike that I bought was sitting on kijiji for a good month before I went to see it.
 
Seems like an extra step to transfer the ownership into the dad's name and then into yours.

You should be able to buy it directly from the estate.
 
Should be able to transfer the ownership directly, as with a previously unregistered vehicle, by providing a bill of sale, safety cert., and a sworn affidavit. Works for a vehicle with a lost ownership.
 
Should be able to transfer the ownership directly, as with a previously unregistered vehicle, by providing a bill of sale, safety cert., and a sworn affidavit. Works for a vehicle with a lost ownership.


I bought a bike from someone who had never changed the ownership from the previous owner. No issues at ministry.
 
Should be able to transfer the ownership directly, as with a previously unregistered vehicle, by providing a bill of sale, safety cert., and a sworn affidavit. Works for a vehicle with a lost ownership.

+1

This is done with dirt bikes all the time where many people don't register them. I would tell the seller that at this point in time you would like to try to transfer the ownership yourself. Do a search in the dirt section of this site as I know I have seen a member post a blank affidavit which you can fill in and then take with your bill of sale to have a notary sign, after that take both documents to the MTO and you should be good.

Here is a thread with an example of what to write out to take to get notarized http://www.gtamotorcycle.com/vbforu...36-Non-existent-ownership&highlight=affidavit
 
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Hey guys thanks for all the replies, just wanted to update this thread...

So I went the affadavit route, paid a lawyer $25 to notarize an affadavit that I created, went down to the ministry with the bill of sale, uvip, and affadavit - and they turned me down. Because I couldn't connect the original owner (the deceased) to the guy I purchased it from (the father) via receipts, they weren't interested in helping me. I went back to the lawyer who basically said 'who cares about that, you bought the motorcycle in good faith off of this guy, whatever business was before this is not your concern or responsibility'.

So I gave it one more try and at a 'friendlier' mto located in my area and voila! They changed it over without so much as a second glance and all they needed was the bill of sale!!! Needless to say, I'm ecstatic. Thanks again for all the help!
 

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