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In need of advice - arguing fraud

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JessicaCase

Junior Member
What is the name of your state (only U.S. law)? Florida

Hello all. So my husband and I are in a frustrating situation at the moment. We bought a motorcycle from a guy from Craigslist for $5000. He stated that it had been dropped before but the damaged parts were getting replaced, including the cracked windshield and a few other visibly damaged parts. He told my husband that they were the only damaged parts (we have that in a txt conversation between my husband and him). So my husband rode it, it worked great, we signed an agreement for the guy to send us the replacement parts when they came in, and we bought the bike.

Things went well at first but then first time my husband got on the highway, the side fairing fell off the bike. Apparently it had been just tucked back in, no bolts, to look like it was fine. That pissed us off but we ordered a new piece for that. Then we realized the foot peg on the dropped side was broken and jagged, and it cut my husband's ankle. We replaced that too. Last night, all the main parts from the guy came in and my husband took off a few pieces of the bike to make the repairs and that is when we got a nasty surprise. There are more hidden damages. One of the headlight's connecting tabs were broken, so the headlight isn't even attached properly. Several missing bolts. My husband tried to then put it back together but he can't even get it to align properly again. Basically it's obvious that the guy who sold the bike scammed us into thinking the bike was fine and that the damaged parts were the parts he was getting replaced.

My husband confronted the guy. He claims that he txted us about all the damage and even sent us pictures of the damage, yet he deleted his txt conversation with us so he can't show us. We didn't receive any pictures of inner damage. He basically said 'It's your problem now, sucks for you'.

It's a very sad situation. We regret being so gullible but we believed the guy. My husband was more concerned with the performance and the bike rides fine. But all these extra repairs are going to cost a lot of money. So are we completly screwed, or is there a chance we can take this to court? I've been reading about Small Claims Court, up to $5000 and that's what we paid. That's if it isn't counting all the additional repairs we are now buying for the bike. The bike isn't even ridable at the moment, and we are going to have to pay for a mobile mechanic to come look at it.

I don't know where we would stand in court? We basically have a couple txts as our proof. If you can assist me in this I'd appreciate it!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Florida

Hello all. So my husband and I are in a frustrating situation at the moment. We bought a motorcycle from a guy from Craigslist for $5000. He stated that it had been dropped before but the damaged parts were getting replaced, including the cracked windshield and a few other visibly damaged parts. He told my husband that they were the only damaged parts (we have that in a txt conversation between my husband and him). So my husband rode it, it worked great, we signed an agreement for the guy to send us the replacement parts when they came in, and we bought the bike.

Things went well at first but then first time my husband got on the highway, the side fairing fell off the bike. Apparently it had been just tucked back in, no bolts, to look like it was fine. That pissed us off but we ordered a new piece for that. Then we realized the foot peg on the dropped side was broken and jagged, and it cut my husband's ankle. We replaced that too. Last night, all the main parts from the guy came in and my husband took off a few pieces of the bike to make the repairs and that is when we got a nasty surprise. There are more hidden damages. One of the headlight's connecting tabs were broken, so the headlight isn't even attached properly. Several missing bolts. My husband tried to then put it back together but he can't even get it to align properly again. Basically it's obvious that the guy who sold the bike scammed us into thinking the bike was fine and that the damaged parts were the parts he was getting replaced.

My husband confronted the guy. He claims that he txted us about all the damage and even sent us pictures of the damage, yet he deleted his txt conversation with us so he can't show us. We didn't receive any pictures of inner damage. He basically said 'It's your problem now, sucks for you'.

It's a very sad situation. We regret being so gullible but we believed the guy. My husband was more concerned with the performance and the bike rides fine. But all these extra repairs are going to cost a lot of money. So are we completly screwed, or is there a chance we can take this to court? I've been reading about Small Claims Court, up to $5000 and that's what we paid. That's if it isn't counting all the additional repairs we are now buying for the bike. The bike isn't even ridable at the moment, and we are going to have to pay for a mobile mechanic to come look at it.

I don't know where we would stand in court? We basically have a couple txts as our proof. If you can assist me in this I'd appreciate it!
So why didn't the mechanic who thoroughly checked the bike out before you purchased it find all this damage?
 

sandyclaus

Senior Member
I just don't get it...

So many people post their questions here regarding their used vehicle purchases.

Cars, trucks, motorcycles - for the most part, the law is about the same. Any sale of a used vehicle by a party is considered an AS-IS SALE. That means you buy the vehicle AS-IS - with all of it's defects, mechanical problems, etc., even those that the seller fails to disclose, unless you are presented with something IN WRITING that gives you a very specific warranty of condition or guarantee of fitness.

Very simply translated, if you pay for it, it becomes your problem. Doesn't matter what the seller TELLS YOU (verbally), if it isn't in writing, then any assurances, guarantees or promises that they make are only as good as the paper it's written on ("if it ain't in writing, it never happened").

That is why it is so critically important that when purchasing a used vehicle to have that vehicle thoroughly inspected by YOUR OWN mechanic who can attest to the ACTUAL condition of the vehicle before you buy it. (Don't use one they recommend - who knows if they will tell you the truth or just make something up on behalf of their friend, the seller.) Failing to do this just ends up hurting you if the vehicle breaks down or you have other issues that were not disclosed by the seller.

Some states, but not all, have laws that protect you if the vehicle is unsafe due to it's condition, or it the vehicle will not pass the state inspection or smog test.

Your best bet when purchasing a used vehicle is to know your state's laws beforehand, bring your own mechanic with you to inspect the vehicle, and remember to get everything IN WRITING before completing that sale. If you don't, then the old saying applies - Caveat Emptor (Buyer Beware).
 

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