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

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correct, i think he could of atleast looked at it, all i did was sign were he told me to after i handed it to him then he paid me and left then called all ticked 4 hours later. He did not have to purchase it had he brougth it to my attention it said 04 on the title

Oh don't get me wrong, I would have been royally ticked if I bought a bike that was listed incorrectly, but I also would have been mad at myself for not checking the title first.
 
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I don't know the 'buyer beware' laws in CT, but I believe he's got you on misrepresentation if he still has the ad that you placed saying it was a 2007. And I think it would be hard to convince a judge (or arbitrator) that you didn't know it wasn't a 2004 if 2004 is on the title...just food for thought.
Good luck!
 
Since when does unknowingly doing something wrong make it ok?

Just curious.

If I accidentally step on your foot, does that make it ok for me to look at you and say "Too bad, guess you should have moved that foot when you saw me coming."? Of course it doesn't.

I understand the "Buyer Beware" opinion... but I also think people have a responsibility to make things right. In this case it is unfortunate because the seller was also duped, but that doesn't make it right to do it to someone else.

I know what route I would take.
 
You are correct. I just feel that the ethical question should come in to play before the legal, in order to possibly avoid a lawsuit.

I felt it was important to point out that the seller does have a choice in this matter to do the right thing by the buyer. I also think he should look into seeing what his own legal rights are regarding him purchasing the bike after given false information from the previous seller.
 
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Uh, being OLD does not warrant being stupid

Amen to that.
old.gif
 
I would give the man back the money he is asking for. If you sold the bike as a '07..and it wasnt an '07..then you basically lied to him. I would be very upset with you too. (even though you didnt do it on PURPOSE) *didnt you check the title before you sold him the bike?*
I think the RIGHT thing to do is give him back the money he is asking for....
Just my opinion...
Sure you may get away with it "legally" ... but morally??
 
IF it was advertised as a 2007 but is actually a 2004, it CAN be considered fraud.
If that's the case, he does, in fact, have a cause of action.
Your best bet is to refund the difference in the money he is asking for.
 

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