If I bought a motorcycle from a private seller but the morning after I noticed a serious problem with the engine, can I take legal action?
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If I bought a motorcycle from a private seller but the morning after I noticed a serious problem with the engine, can I take legal action?
After buying the bike I had ridden it for less then 5 minutes before noticing the problem. I immediately messaged the seller and brought the bike to a mechanic. The mechanic informed me that the whole engine needs to be rebuilt and that it would cost more then i paid for the bike. I told this to the seller and asked for a refund and they said they wouldn’t give me anything. I’m also 16 and signed everything myself without a parents signature on either the bill of sale or title for the bike. Is there any way I could get my money back from this?
Asked on April 25, 2012 under Business Law, Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, since you are a minor, you can cancel the contract for the motorcycle that you purchased and get a refund of all paid for it less fair rental value. The law holds that minors cannot enter into a legally valid contract.
If you can have the mechanic write something up for you that the motorcycle was in very poor shape when you got it, even better.
Under the laws of all states in this country, the seller of an item must disclose all material aspects of the item affecting price paid or desirability for a potential buyer. Failure to do so is concealment. From what you have written, it appears the the seller concealed the fact from you that the engine needs to be rebuilt on the motorcycle from you. If so, you have another basis to cancel (rescind) the purchase of the motorcycle.
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