I recently bought a used motorcycle from a guy that i found off of craigslists. On the website, he advertised the bike as a 1999. Even when I went with some friends that know a lot about bikes to purchase the bike from him, he was still saying it was a 1999. Anyways, we went through with the transaction. Not until the contract was signed and the money was in his hand did he hand me the title, which is understandable. But it was not until I got over to the DMV that I realized that the title said that the bike was a 1998, instead of a 1999 like he originally advertised. Now the guy won't return my calls or anything. Could I sue to to get back some of my money for this false advertisement? I only bookmarked ad and it is no longer on the site, and I never printed it out which now I realize was a very stupid move on my part. And the bike also had a few hundred dollars worth of repairs that needed to be done to it, but I know i probably couldn't get this money back because I bought it as-is.
2007-03-26 04:52:14 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your word vs. his. You got zero shot at recovery. However, a lawyer;s letter with intent to sue unless he renegotiates the price and really comes down might scare him into either buying it back, or else, refunding some dough.
2007-03-26 05:12:54 · answer #1 · answered by Legandivori 7 · 0⤊ 0⤋
You will not get any money from a suit for the cost of repair the motorcycle needed unless you signed a contract with the seller stating it had some kind of a warranty against any problems. Also the mis-representation in the year i doubt you would get any for, the difference in value would be a few bucks and I wouldn't waste my time. In all honesty it sounds like you have buyers remorse. whoops
2007-03-26 05:04:08 · answer #2 · answered by laura n 3 · 0⤊ 0⤋
Caveat Emptor
You have a weak case. Calculate the difference between a 98 and 99, and use small claims court to try to recover the difference. It's low cost to you. It would not be worth hiring an attorney.
Small claims usually has a filing fee of around $25.00. You need to file in the county that the seller lives (or does business in).
2007-03-26 04:59:31 · answer #3 · answered by mark 7 · 1⤊ 0⤋
No you cannot get your money back - unless a specific contract was signed at the time of purchase, you are under the "as-is" catagory. You could take him to small claims, but this would not be worth the cost to file and prosecute.
2007-03-26 04:59:05 · answer #4 · answered by livin the dream 5 · 2⤊ 0⤋
From personal experience, usually when one buys it "as is" then they are stuck with it as is. Sometimes these contracts do have clauses in them. Sometimes, they depend on the state laws that the item was purchased in.
I advise you to call an attorney. What could it hurt? If anything it would put your mind at ease. Good Luck!
2007-03-26 05:03:15 · answer #5 · answered by LilbitFiery:) 3 · 0⤊ 0⤋
You have an excellent case and if you can locate the guy so you can in fact have him served with papers, you should be able to get Punitive damages, (for knowingly defrauding you)compensatory damages (your out of pocket expenses for repairs etc.), your Attorney fees, and an award for your court costs out of him.
Lets hope that after you are successful in your law suit you can locate enough assets of his to collect on!
Good Luck!
2007-03-26 05:07:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Speak with someone in the community legal clinic. You can sue for anything but do you have a fair chance is what you should decide
2007-03-26 04:57:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋