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Recently Sold Vehicle buyer Wants Refund

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Ron L Gabriel, Oct 13, 2019.

  1. Ron L Gabriel

    Ron L Gabriel Law Topic Starter New Member

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    I recently sold my motorcycle as is but now the buyer claims the shift fork is bent, I bought the motorcycle it only had 6000 miles and when I sold it only 10,000 miles, I rode it for two years and never had any problem with the motorcycle but now he wants to take me to court because he claims it was defective. He never tests drove the vehicle to see if he was going to like it just paid me and rode off.
     
  2. Highwayman

    Highwayman Well-Known Member

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    Unless you provided any type of explicit warranty, then the sale was as-is and the buyer has no recourse. It was up to him to inspect the vehicle prior to purchase.
     
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  3. Ron L Gabriel

    Ron L Gabriel Law Topic Starter New Member

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    Thank you, he is a long-time Boeing worker with a lot of money and insists he is taking me to court, I was as honest with him as I could be about everything but I'm all tied in knots with worry over this.

    I've seen what money can do in our justice system and I 66 years old and on Social Security. I can't afford a lawyer to fight this guy !!!!!!
     
  4. Highwayman

    Highwayman Well-Known Member

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    Well anyone can sue another person for anything. If he does sue you then you will have to defend yourself, however it's very easy to threaten to sue - seems to be a natural thing for people to say when they feel they've been wronged. It's another thing to actually go ahead and do it.
     
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  5. army judge

    army judge Super Moderator

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    If he sues you, it'll be in small claims court.

    You already have your defense, you posted it above, and I copied it to my post.

    You made no warranty in writing.

    You provided the buyer with no guarantee.

    The buyer looked at the vehicle, forked over the cash, and drove off into the happy world of motorcycling.

    As @Highwayman told you, the vehicle was sold "AS IS", without any warranties, express or implied.

    Dude paid his money, took his chances.

    For all you know, he could have damaged the bike, assuming it is damaged.

    In the meantime, don't respond to dude, or communicate with dude in anyway.

    If you are served pursuant to a lawsuit, respond as instructed on the court's website.

    Otherwise, say and do nothing about this clown and his demands, AVOID him at all costs.
     
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  6. Ron L Gabriel

    Ron L Gabriel Law Topic Starter New Member

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    Thanks, army judge I will take your advice and no communication.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    There is no want to sue. There is only sue or not sue. Until you get served a summons and complaint I suggest that you stop talking to him. Block is texts, calls, and emails. He's probably blowing hot air. But if he does sue you, you defend.

    How long ago did you sell the bike?
     
  8. Ron L Gabriel

    Ron L Gabriel Law Topic Starter New Member

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    Adjusterjack I sold the bike about 6 days ago
     
  9. adjusterjack

    adjusterjack Super Moderator

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    That's more than enough time for him to have had an accident and bent it himself.

    Turn a deaf ear.
     
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