As is sales

What is the name of your state? California.

Hello,

I am being sued by an individual who found me on the internet selling pocket bikes. I sold this person a pocket bike stating that they need to tighten all the bolts and read the manual before operating the bike and that this sale was "as is". This was a brand new bike. 2 weeks after this he has worked on the bike and recenlty was riding it, lifted up the front end to do a wheelie and the front tire came off sending him over the handlebars. He is now sueing me for putting the bike together wrong and wants his money back. I told the gentleman when I sold him the bike that this was an as is sales and that he has done work on it and I have no idea what he has done to it. Is this is a case? Am I in trouble or should I not worry about it? I am not a business and if I had to sum up what kind of sale this was I would say it was a classified ad sale. Any advice would be great. On a side note I did warn the gentleman that the bike needs to be maintained and will break if not properly checked over everytime he rides it. It also says this on the sticker on the bike and in the manual.

Please help me,
adam

Whether or not you are in "any trouble" is dependent on a lot of things. If the claimant is not located in CA, it may be hard for him to pursue a small claims case, but if he is located in CA, it will be fairly easy, so it is probably more likely that he would sue.

Also, how many of the bikes do you sell, and did you let him know that the bike was going to be sold as-is PRIOR to him buying it, and did you let him know verbally or in writing? Both of these questions are important -- if you sell enough of these new bikes, even through classifieds, then it is possible that you could be considered a "retailer" for purposes of establishing a violation of the implied warranty of merchantability. Check out http://freeadvice.com/law/521ca.htm for more info.

I am being sued by an individual who found me on the internet selling pocket bikes. [ Quote ]

It seems kinda odd that you state NEW BIKES " AS-IS " .

In any event If the 'BIKE" was not defective when the buyer received it , and the damage was due to their use or negligent use of it , you should not have anything to worry about.

On the Other hand you can-not represent an Item as NEW , then state "as-is".
If there were defects your representation as NEW would be considered as Just that NEW and fully usable for the purpose it was intended for.

more info

hello again,

I really appreciate everyone's replies. In regards to how many I have sold. He was the first of 3. I was using these 3 bikes to test the waters so to say to see if this is a good market and start a legit business from it. Also why can't I have a new item and sell it "as is"? Is there a law around this? Would this sale be covered in the buyer beware? I told the gentleman that he needs to maintain the bike. He has now gone out and replaced parts and riden the bike. Therefor I thought the sale was final because I have no clue what he has done to the bike. When I sell these bikes I make sure to mention a few things. That these bikes are mass produced and will break, to tighten all the bolts as they are mass produced and will come undone, read the manual and be safe wear a helmet and this is an as is sales no warranty. This was a cash deal and there is no paper work involved at all. He is saying that the bike was put together wrong by me and that there was no locktight on the bolts. That is his class that there was no locktight on the bolts. He also said that his friend up the street is getting a parts list together for prices and repairs. I just feel like I am being had for someone elses mistakes. Oh btw he does live in Ca but only has my cell phone and first name.