The guy that I sold a Scooter to actually rode the bike off. Then said that after he went to get something to eat, the bike would not start. Now this is part two to the "I have just sold a Scooter and I need an Opinion" Question. He called me today and said that I should look at the LEMON Law. I told him to shove the Lemon Law because there was nothing wrong with the Scooter. He said that he spoke with his Lawyer, and I told him to place the Paper in my Hands and Take me to Court. What is your take on this?
2007-05-27 11:08:08 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Motorcycles
Lemon Laws apply to DEALERS in most jurisdictions. Private sales are accepted in the courts as "AS IS" transactions unless there are specific warranties given, expressed or part of the 'fit for use' standards. Basically, unless you made claims about the bike that were fraudulent and in writing, you are OK. Verbal claims can be cited, but most of the time they are ignored by the courts.
2007-05-27 11:59:59 · answer #1 · answered by Charles V 4 · 1⤊ 0⤋
The Song Beverly Warranty Act AKA the Lemon Law does not apply to private party transactions. It only applies to sales with an "Expressed" factory warranty.
The rule of thumb for private party sales is "Buyer Beware"
He can still sue you, But if you can make the case that the bike ran( I.E signed testimonials from friends or neighbors) when he bought it. And who knows what he did after he rode off?
He will not win. It's still a pain in the butt , but that is our justice system.
Do some home work, organize your evidence, make lots of copies for the judge and plaintiff. Cite case law and refer to the Song Beverly act, if he brings up lemon laws.
BTW the nuts and bolts of the lemon law are that, the manufacturer has to make every effort to repair the warranted item, if after a reasonable number of attempts the item is not repaired to the buyers satisfaction they may demand a refund.
So you see the "Lemon law" in no way applies to you.
2007-05-27 12:33:22 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Just continue to be ultra polite (don't tell them to shove it and be ultra polite in court too if it comes to that) and as the previous answerer stated - if they rode the bike off and it worked fine and you can prove you did regular/normal maintenance on the bike (and hopefully you have kept receipts), then I would say you have nothing to worry about. Most used items which are sold privately, are sold as is where is. I'm not sure what state you live in but private sales do not usually come with a warranty. Caveat Emptor = Buyer Beware
2007-05-27 11:51:07 · answer #3 · answered by Just Me 5 · 0⤊ 0⤋
The only way to fight back is to find out the recend law in your state. Most states it is 3 days . Meaning if you are not satisfied with the product you can take it back for a full refund within 3 days. You must hire a lawyer for this, that is what I had to do once. That will run you at least $100 or more. The scooter resale value is very low. David Douglas
2016-05-19 02:56:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yeah, Jamestown was right about outlawing lawyers. Too bad the Puritans came and said sue your neighbor.
Ok, sarcasm over. If you can prove the scooter was in good working condition (and from the sound of your first question you should be able to do that), then you should have nothing to worry about.
2007-05-27 11:29:55 · answer #5 · answered by knight1192a 7 · 1⤊ 0⤋
A lot of states don't have lemon laws for bikes.
Check if yours actually does.
You may have to find out problem and pay for repairs unless it was deliberate abuse
Or you could tell him to screw himself :o)
2007-05-29 07:28:44 · answer #6 · answered by 1crazypj 5 · 0⤊ 0⤋