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?
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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 8 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).
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