FRAUD from purchased motorcycle

[fusioneclipse]

What is the name of your state (only U.S. law)? CA

I recently purchased a motorcycle that was notified by me from the seller that had been in accident but he went over every COSMETIC (he told me only cosmetic damage) part that he knoes that had damage when i had asked about the slight leak he said it was normal. When we agreed to for the transaction to take place he drove the bike to my house and sold it to me at my house. the next day i noticed a consistent leakage form the bottom of th eengine and noticed paint cracking off. IT was then i discovered that the whole right side of the engine had been weldd on and attempted to be covered by paint. The guy acknowledged the fact he knew about it and "forgot" to tell me in a text msg. But he is denying any refunds watsoever. i am plannign to take him to court for a refund or the cost of the new engine. I did sign a bill of sale, and it does state as is from the dmv bill of sale sheet. Do i have a case to build on this guy?

the oil leakage does pose for a danger for the rider and the weld does affect the structural integrity and safety of the bike

how should i go about taking this case to small claims court.

 

[Zigner]

As-is is pretty clear.

 

[fusioneclipse]

isnt it considered intentional concealment. Due to the fact he knew about it and did not disclose it?and covered up the modified area with paint..

 

[Zigner]

You bought the vehicle as-is.

 

[ignitespeed]

isnt it considered intentional concealment. Due to the fact he knew about it and did not disclose it?and covered up the modified area with paint..

How would you prove that ? He'll say he informed you and that your angered by the mistake you made resorting to making false accusations in hopes for a refund .

As-is sales are a gamble. You may have been scammed however you live and learn. Next time, bring the bike to a motorcycle shop and have them look at it for $40.00.

g/l