craigslist lemons laws and merchandising practice act CA

[Meow]

I bought a motorcycle on Craigslist, with an implied PROMISE that the only thing wrong with the bike was the oil tank. After about three days, when everything fell to hell, I took the bike to a mechanic, He basically told me it was unrideable. TOTALLY DANGEROUS and was going to cost about 5 grand in repairs, this is well over three times what I actually paid for the bike. My question is, is the seller, legally responsible under the lemon law, or the merchandising practice act? HE said he already spent the money, and that if he had it he would let me have the bike back. I said, give me HALF of what I gave you, and you can resell it. HE refused, (probably because NO ONE ELSE IN THE WORLD WOULD BUY IT!) HE rode the bike to my house, and in retrospect, claimed he had worked on the bike and it was just a project, and that he was "unaware of all the problems" The mechanic said, considering it was covered in black tape like giant arrows pointing to all the problems, that, "there is no way this guy didnt know this bike was a piece of junk."

He isnt returning my calls. Is there anything I can do? THIS GUY TOTALLY SCAMMED ME.

 

[KatDini]

I bought a motorcycle on Craigslist, with an implied PROMISE that the only thing wrong with the bike was the oil tank. After about three days, when everything fell to hell, I took the bike to a mechanic, He basically told me it was unrideable. TOTALLY DANGEROUS and was going to cost about 5 grand in repairs, this is well over three times what I actually paid for the bike. My question is, is the seller, legally responsible under the lemon law, or the merchandising practice act? HE said he already spent the money, and that if he had it he would let me have the bike back. I said, give me HALF of what I gave you, and you can resell it. HE refused, (probably because NO ONE ELSE IN THE WORLD WOULD BUY IT!) HE rode the bike to my house, and in retrospect, claimed he had worked on the bike and it was just a project, and that he was "unaware of all the problems" The mechanic said, considering it was covered in black tape like giant arrows pointing to all the problems, that, "there is no way this guy didnt know this bike was a piece of junk."

He isnt returning my calls. Is there anything I can do? THIS GUY TOTALLY SCAMMED ME.

Not covered under Lemon Laws. You had the responsibility to get the bike checked out before you agreed to pay for it.

CraigsList is a huge 'Caveat emptor'.

 

[Betty3]

It was really your responsibility to have had the cycle checked out before buying it. When you buy something like that, it's buyer beware!

 

[disagreeable]

Based on your description you should have recognized what a piece o crap it was. Your only recourse might be in the CA SMOG law requiring he present a smog cert within 90 days or pay for repairs needed to make it pass smog.

 

[army judge]

I bought a motorcycle on Craigslist, with an implied PROMISE that the only thing wrong with the bike was the oil tank. After about three days, when everything fell to hell, I took the bike to a mechanic, He basically told me it was unrideable. TOTALLY DANGEROUS and was going to cost about 5 grand in repairs, this is well over three times what I actually paid for the bike. My question is, is the seller, legally responsible under the lemon law, or the merchandising practice act? HE said he already spent the money, and that if he had it he would let me have the bike back. I said, give me HALF of what I gave you, and you can resell it. HE refused, (probably because NO ONE ELSE IN THE WORLD WOULD BUY IT!) HE rode the bike to my house, and in retrospect, claimed he had worked on the bike and it was just a project, and that he was "unaware of all the problems" The mechanic said, considering it was covered in black tape like giant arrows pointing to all the problems, that, "there is no way this guy didnt know this bike was a piece of junk."

He isnt returning my calls. Is there anything I can do? THIS GUY TOTALLY SCAMMED ME.

Person to person (private sales) are always as is, unless something to the contrary is documented in writing and signed.
Enjoy your TOO DANGEROUS to ride paperweight.

 

[disagreeable]

So was it titled and not properly transferred with the SMOG cert? Slamming a crook with a $5k repair bill will usually peak their interest in buying it back.

 

[army judge]

California doesn't require smog certification for motorcycles.

Does my vehicle qualify for a smog exemption?

Smog inspections are required unless your vehicle is:

Hybrid
Gasoline powered 1975 year model or older
Diesel powered 1997 year model and older or with a Gross Vehicle Weight rating (GVWR) of more than 14,000 lbs
Electric
Natural gas powered with a GVWR rating of more than 14,000 lbs.
Motorcycle
Trailer


https://www.dmv.ca.gov/vr/smogfaq.htm

 

[disagreeable]

Ahhh Thx for the correction AJ. I suppose they have smoke police to follow and ticket motorcycles. How did they miss that revenue enhancer I wonder?

 

[army judge]

Ahhh Thx for the correction AJ. I suppose they have smoke police to follow and ticket motorcycles. How did they miss that revenue enhancer I wonder?

I think the cycle community (especially that manufacturer out of Wisconsin) has great lobbyists. LOL