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Whats my liability for motorcycle sale?

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small business

Junior Member
Sold Trike - Now Getting Sued - Fight Or Pay?

What is the name of your state? Alabama

I own a small independent motorcycle business. I sold a Honda Gold Wing Trike that was on consignment to me. The buyer paid me and I paid the consignor. Both sales were sold "as is, no warranty". The buyer discovered a cracked frame two months later. I went to his home on a Thursday and looked at the frame and took pictures. I made arrangements to have the frame professionally repaired by a welding company authorized by Honda. (The aluminum frames on many 2001-2003 Honda Gold Wings were known to be weak and Honda America had recalled many to be welded, but this one apparently never was fixed) I called the purchaser and told him I would pick up the bike and deliver it to the welder for an appointment the following Friday to be repaired. He said ok. In the mean time, he thinks I am too slow and called the local Honda motorcycle dealership and had them pick up the bike and deliver it to the welder. It was repaired on following Friday (same day as my appointment- same repair shop) and redelivered to his home. He sent me a bill for $1000, demanding I pay the $250 welders bill, which I had already agreed to do, AND an additional $750 bill for the Honda dealers pick up and delivery (feel I am getting gouged). I refused to pay this and now he is suing me for the $1000 plus $10,000 in damages. I do not feel this is at all fair so I am refusing to pay the $1000. I have agreed to pay the $250 for welding, though it was sold as is. I am still being sued. What should I do.
 
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BL

Senior Member
What is the name of your state? Alabama

I own a small independent motorcycle business. I sold a Honda Gold Wing Trike that was on consignment to me. The buyer paid me and I paid the consignor. Both sales were sold "as is, no warranty". The buyer discovered a cracked frame two months later. I went to his home on a Thursday and looked at the frame and took pictures. I made arrangements to have the frame professionally repaired by a welding company authorized by Honda. (The aluminum frames on many 2001-2003 Honda Gold Wings were known to be weak and Honda America had recalled many to be welded, but this one apparently never was fixed) I called the purchaser and told him I would pick up the bike and deliver it to the welder for an appointment the following Friday to be repaired. He said ok. In the mean time, he thinks I am too slow and called the local Honda motorcycle dealership and had them pick up the bike and deliver it to the welder. It was repaired on following Friday (same day as my appointment- same repair shop) and redelivered to his home. He sent me a bill for $1000, demanding I pay the $250 welders bill, which I had already agreed to do, AND an additional $750 bill for the Honda dealers pick up and delivery (feel I am getting gouged). I refused to pay this and now he is suing me for the $1000 plus $10,000 in damages. I do not feel this is at all fair so I am refusing to pay the $1000. I have agreed to pay the $250 for welding, though it was sold as is. I am still being sued. What should I do.
If he sues you explain what you have here , and say you sold it " as-is " on consignment and that you offered " in a good faith gesture " , to have it picked up and repaired .

That the buyer had it repaired the same day as you had set up , so you don't know why the buyer expects your money .

It's the buyer burden to show why he's entitled to your money .
 

small business

Junior Member
Thanks so much for the advice. What do you think my chances are of receiving a favorable outcome? Is there a chance that he would prevail AND get a $10K judgment to boot?? Sometimes I feel court is a crap-shoot. I'm not a lawyer and have never been in this kind of situation so I just don't know these things.
 

BL

Senior Member
Thanks so much for the advice. What do you think my chances are of receiving a favorable outcome? Is there a chance that he would prevail AND get a $10K judgment to boot?? Sometimes I feel court is a crap-shoot. I'm not a lawyer and have never been in this kind of situation so I just don't know these things.
What court is he suing in ?
 

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