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Legal Issue Regarding A Bike Sale~~ Update ~ Resolved Thank You!

Discussion in 'Family Life - Stories, Pictures & Updates' started by jbourget, Oct 18, 2011.

  1. jbourget

    jbourget Chillin' With My Peeps

    Apr 4, 2008
    CT
    Ok so heres the deal, i was sold a dirtbike as an 2007.... a few months go by and i try to sell it and a guy comes from a few sates up (3.5 hours) and buys it. he gets it home and finds out that the bike is a 2004 from opening the title that i had not needed.. well now he is demanding 1,800$ back going by his price now and i just cant do that. he says that or i can come get the bike, wich is rediculas because i dont have a licsense and i have spent most of the cash he gave me. ($4,000) now the bike has under 3k miles and in perfectly good condition and he is wantign this machine for 2,200$...and says he is going to pursue legal action. He checked with the company and it turns out it is a 2004, wich means i got hustled when i bought the thing!!!!!!

    my question i guess is will he even get anywere with this? i have not responded and dont plan to. as far as i am concered i have the money i wanted for the bike, and thats that. off my hands. Bill of sale states "all sales final"

    signed both of us...

    what do you all think?
     
    Last edited: Oct 19, 2011
  2. TinyChickenLady

    TinyChickenLady Chillin' With My Peeps

    I think you both got hustled...
    But if the Bill of Sale says "all sales final" and you both signed it, I think you'll be okay.
     
  3. key west chick

    key west chick Chillin' With My Peeps

    May 31, 2008
    Gainesville, GA
    Isnt it buyer beware? If you handed him the title at the time of sale, I kinda figure it was his responsibility to take a look at it. You did not knowingly sell him false info. Kinda like people buying EE's as Ameraucanas and then getting mad when they find out they have EE's. If the buyers do their homework, they wont get screwed. You sold the bike according to what you had been told. He bought it without checking the title. Seems like its his fault to me, but im no lawyer.
     
  4. jbourget

    jbourget Chillin' With My Peeps

    Apr 4, 2008
    CT
    right, in my state i had not even needed the titale when i bought the bike....so thats why i didnt have one. when he asked i gave him a some letters and all the papers i had on the bike and i signed the back of the title, and so did he turnign it over in his hands neither of us looking on the front of the paper were it supposidly says 04...untill he got home and was furious leaving me extreme emails..

    just have to wait and see, im not doing anything at all and did nothing wrong
     
  5. kevinhannan

    kevinhannan Chillin' With My Peeps

    186
    2
    91
    Aug 3, 2011
    ...you can say all sorts...

    ...it was sold as seen
    ...information was given in good faith
    ...no warranty/ies were offered with the sale

    just write it off as a hard lesson for both of you (keep the money).

    e2a: just read sarahbeth (below):
    arbitration is *far* less costly if it ever goes that far, which I
    seriously doubt it ever will. I'd be more worried about retribution
    from the other guy.
     
    Last edited: Oct 18, 2011
  6. SarahBeth9394

    SarahBeth9394 Chillin' With My Peeps

    Aug 23, 2008
    He can try to take pursue a small claims action but he may have to do it where you are since the transaction occurred there. It would cost him just as much or more to file, come down, stay in a hotel, and food costs than what he is asking for. I doubt he has a case and if he does it may be more of a pain than it's worth to pursue. I'd tell him you sold the bike "as is". I'd just tell him to take you to court and let the judge decide.
     
  7. jbourget

    jbourget Chillin' With My Peeps

    Apr 4, 2008
    CT
    so him threateneing me with a lawyer blah blah blah is not goign to get him anywere? i cant see were i can be sued for this. its rediculas ans conveinetly the previous owner i bought the bike from has changed his number
     
  8. ruby

    ruby Chillin' With My Peeps

    406
    0
    139
    Apr 10, 2008
    Gold Hill, Alabama
    did you use the title as the bill of sale ? then your in the clear. but if you did write a new bill of sale stating it was a 07 then he might have a case slim tho... It would cost him more to sue you than he would get. My state does not issue titles on dirt bikes they have to be road worthy to title. but signing the title and you too! remind him of that......I sell M/C for a living and titles carry the most weight, here anyway.
     
  9. jbourget

    jbourget Chillin' With My Peeps

    Apr 4, 2008
    CT
    I did write a bill of sale....but i did not put a year on it i do not remember writing that...just the make model and size with the VIN number...

    the bike is road worthy
     
  10. kevinhannan

    kevinhannan Chillin' With My Peeps

    186
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    91
    Aug 3, 2011
    ....if you went so far as to write all those details down but not the year....hmmm....! [​IMG]
     

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