Do I have a case for Small Claims Court?

Question

I bought a 1990 quad off a guy for $1800.00. I got it home and found that it is not a 1990 but a 1985/86. On top of it the VIN # were grinded out. I spoke to the guy and requested that he give me back my $ and I give him back his quad, since he was fraudulent in his ad. He said no, and admitted that he knew it was not a 1990 - but said it was a 1988 (still not the right year).
I can prove from a user manual that the parts are 85/86. I did not get the ownership nor did I get a receipt (but I do have him on tape acknowledging that I spent $1800.00 for it).
Does anyone think I have a legitimate case and am likly to get my money back. With the missing VIN# and no ownership, would I be likely to have the thing taken from me and perhaps even be charged.

Any help would be appreciated.

Answer 1

You def have a case for small claims.
He was fraudulent and deceptive in the sale.
Get a copy of his ad stating the incorrect info and anything else you can possibly get, then file.

Good luck!

Answer 2

Okay so you gave a guy $1800 but did not get a receipt or the title to the Quad? You also didn't notice that the VIN was gone before you gave him the money? Let me guess you also paid by cash.

Seriously though you might have a case, but in most cases where someone won't give you the title there is something wrong with it such as it is stolen property, or the title is held by a bank or something. If you file a case and have a copy of his ad that may be enough but it may not be. Unless you can prove financial damge because he said it was a wrong year it might not be enough to win the case. Without proof it will come down to your word vs. his. Also, if you have proof of the amount you paid that would also be needed. As for the tape, it depends on your state as if that is allowable in court. Some states do not allow it at all, and some only allow it if you inform the other party they are being taped.

Now if it does turn out to be stolen, filing a case will be a very good way to find out. You could be charged with receiving stolen goods in a worst case, but more likely you would just loose the quad and not get the money back.

Answer 3

It will be hard to prove. Do you have the original ad where he claimes it was a 1990 and how much he was selling it for. Your next problem is this with the vin # being grinded out how do you know you haven't unknowingly accepted stolen property. I would file a police report to cover your butt first. If you take this to court the person who sold it to you will be pissed. If it is stolen don't put it past him to say that you have stolen property. Cover your butt first. Call the local police file a police report make sure that they know about the vin. Then file a small claims case. Try to bring in all the information the original ad. (if you don't have it go on the internet and look up archives for the paper that it was in) Take pictures. Bring in the tape, Bring in the parts book. The more things that you can show the judge the better for you. Good luck. PS Never Never give anyone money (cash) without getting a receipt first,. Always try to pay with a check, moneyorder or bank check and make sure you write in the detail section what it is for at the time you write the check, moneyorder etc.

Answer 4

You absolutely have a case. Of course, winning is another matter.

Make sure that you have any and all documentation and records related to the sale, including any ads (newspaper, online, etc), bill of sale, maintenance papers, etc.

If there was no paperwork involved with the sale, learn from this experience that you ALWAYS need to do a bill of sale (the item and the price - both parties get a signed copy) when purchasing any kind of item that involves serious money. At least the tape will help confim the purchase price.

Best of luck, and remember, even if you lose this case, don't beat yourself up over it - consider it a learning experience and move on!

Answer 5

I think you have a very good case. You have to file and then have a warrant served to force him into court. Calif. used to have a $5,000 limit in SC Court so you are withiin that limit. You can't have anyone but yourself represent you in court. Be sure and put things down on paper in an orderly manor to present to the judge.. If you prevail he will grant you judgement. You may have to track the persons assets down yourself if he refuses to pay.. You can get attachments on anything he has or a garnisheement of wages.. Most large cities have a Law Library run by the local bar. You can go there and read details of small claims procedures.
Lots of luck. Have always hated liars and con men.

Answer 6

Sounds like you were sold stolen property. This is a police matter and if he won't give you a refund immediately, go to the police. If you knowingly received stolen property, then you've committed a crime. If you were deceived, you're a victim and he gets the slammer.

Answer 7

you can take him to court for fraud. Remember you have to pay court costs, unless you can get HIM to pay. You will likely lose the Quad (but it may be a blessing...) it may be stolen and you don't want that on top of everything else...so by all means take the idiot to court and get some money outa him and maybe send a felon to jail...