2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

1 .sell to the third guy for the same price, but them there’s
B So I went and got on the list with my friend
, 3 so that either one of us could have bought the bike. And
I( D that was a compromise, discussing the place on the list,
1 1 that he allowed me and Dave Bon-i allowed it, and so we
1: 2 both sat and waited on the bike. The reason I had my name
1.
1’
1
1 6 had a lot of bikes. So that’s the whole story.
I I Anyway, we just gave up. It wasn’t going lo
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crrancc J. Carter Condo
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I said that’s no1 allowctl specifically. I said I grew up
2 4 A. Yes.
2
! with this guy. I’m not trying to make a profit. He said
3 we don’t do that bccausc people do it to make profit. They
5 money that goes under the table in profit, and he didn’t
5 like not getting in on that profit. So he kept the list.
7 You can’t sell your place.
3 on it at all is because I live next to Twin City South. He
4 lives up in Blaine. So I’m always in close contact. I can
5 suggest to him what to get on it for options because I’ve
8 happen. I really didn’t want to deal with South anymore,
9 and I said forget the bike.
0 Q. J-et me make sure I understand your story here,
I Mr. Carter. You originally tried to get Mr. Kuelbs to let
2 your friend, Mr. Hammond, take your spot on the list’for
3 the very first bike we talked about?
5 Q. And Mr. Kuelhs didn’t let you do that?
I A. correct.
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2 Q. So at that time you decided to place your name
3 on the list for yet a third motorcycle?
4 A. Don’t know if it was at that time.
5 Q. But sometime subsequent to that you decided to
6 put both of your names on the waiting list?
7 A. Comt.
8 Q. And why was it that you couldn’t just put his
9 name on the waiting list?
0 A. Because I was the contact. I knew about the
1 bike. He trusted my judgment as far as what options he
2 should get right away. If my name was not on the list,
3 then I would have no place in negotiations or settirig up
14 anything for extras. You see what I’m’ sa$g? it wouldn’t
I5 be any of my business if I w’t
I6 we all saw it that way.
on the list; a&d I think
17 Q. Mr. Carter, are you familiar with the practice
I8 c&d co-titling?
19 A. Would that be putting both of our names on the
10 title’!
21 Q. Yes.
22 A. Okay. I’m not familiar with it, but I’m sure
23 it would work just fine.
24 Q. Have you ever participated in a practice like
25 that?
Kirby A. Kennedy & Associates (952) 922-1955
rCIt’M DEPO-SQUISH
I A. I don’1 think so, no.
2 Q. Did you ever have any discussions with
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3 Mr. I lanuuond ahout bow Ihal acl~al ~~llc~rcyclc would hc: paid
1 for it‘ the Iwo oT you ultinialely purchascxi it’!
5 A. Well, the two of us wouldn’t. II would gc~
h into either one or the other’s name. Bul if something
7 happened or the Harley dmler insisted they ~0 in both 01
K our nauies, that’s not a prohleni bccarrst: 0111: 01 us c011lti
9 take our name off the title at any time without any extra
0 hassle. It would have worked that way, I hclicvc. I’ve
I never done it before, but I assun~ it would have workctl
2 okay.
3 Q. Did you ever discuss with Mr. Haumond in fact
4 how you would handle that transaction if you purchasal the
5 bike?.
6 A. Yeah. He was going to pay for it.
7 Q. Did you ever c@uss who was going to take
8 title to the motorcycle?
9 A. Yes. He would. It was going to hc his hike.
0 Q. And you said Mr. Hammond lives in Blainc!
I A. He’s north. He probably doesn’t live exactly
2 in Blaine. That’s not the towuship, but he’s way north.
3 This is the way it would work: Like 1 say.
4 we’ve been friends since we wae. 13. If at the lime the
5 bike came in he could not afford it, then I would just take
I it and put it in my name, drive it for a year and sell it.
2 It was going to go either way. If he could afford it at
3 that time, then he would take the bike.
4 I put my name on there specifically because I
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5 was encouraging him to buy one. He always wanted one but
6 didn’t know if he would he in a financial position at the
7 time, so it just didn’t matter. -
8 Q. I thought yo%aid earlier that you went going
9 to get the bike at a certain price for Mr. Hammond.
IO A. I don’t understand the question. i was going
II. togetthebikeatacertainprice. AnytimeIboughta
I2 bike from. .!&th, I tho&ht it &as going td be at MSRP. I
13 don’t &ov.&&tt y&r&s&ring. ‘I& reason 1 didn’t buy the
14 ‘97 and give it to Bob Hammond because I would have paid
IS salestaxandhew&ldh~’ adtopaysalesti. And
I6 that’s tax On another $1 ,OO xll the price of the bike,
17 that’s just money that’s going down the drain.
18 Q. Explain that to me. Why would that have
19 worked that way?
20 A. Well, if I buy a bike, I pay sales lax on it.
21 If I .sell it to you, then you pay sates tax on il tm. If
22 you sell it to someone else, then they pay sales tax on it
23 too. I have never skipped title. I don’t play games or
24 things like that. I try and do things straight up.
25 Q. Did Mr. Hammond have any separate negotiations
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