What are my rights if I bought a motorcycle and was told that it hadn’t been wrecked but I later found out that it had been?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I bought a motorcycle and was told that it hadn’t been wrecked but I later found out that it had been?
I paid $1300 down and was going to pay a total of $4700. When I got it home I paid $350 to fix it but then it started acting up. I was told that the bike had been wrecked, flipped and had a bent frame and was worth $1500 in this condition. After telling the seller, he said that I could finish paying or I return it and cancel the contract, however he wouldn’t return my money. I have about $2000 invested that I don’t want to lose. But after paying off I’ll lose $3000. I want to return it but want to know if I can get back some of the money that I have invested?
Asked on May 1, 2015 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The good news is that he has to return your money--you have several reasons or grounds to get your money back:
1) Breach of contract: you are getting what you paid for and they agreed to sell you--an undamaged motorcylce.
2) Breach of implied warranty of merchantability or fitness for a purpose--sellers have to sell you a working product unless you agree specifically otherwise.
3) Fraud--if he knew about the damage, which seems likely, and deliberately lied, he committed fraud; fraud is grounds to rescind (undo) the contract and possibly get additional compensation, too.
The bad news is that if he refuses to give the money back, you will have to sue him to get it--there is no other mechanism to enforce your rights. If you and he both live in the same county, a good option is to sue in small claims court, acting as your own attorney (pro se).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.