What is the name of your state? CA
I recently purchased a motor scooter for $1000 from a private party on craigslist. The person posted an ad stating that the scooter was "just tuned and in very good condition." Yes, I have the ad. The seller was in an area 1 hour away from me so we talked and I wasn't able to make it to his town. I agreed that if he brought the scooter to me in SF, that I would buy it as long as there was nothing wrong with it. He said, well it has a few scratches, but no big deal. I said fine, as long as it works mechanically and the scratches are not bad.
So, he gets the scooter to SF and the scratches are worse than he represented and some parts were missing. I agree to buy it anyway with the understanding that it was in good running order. I buy it, the bill of sale says "as is, without warranty."
The first day I ride it, it starts stalling. I take it to the shop and turns out it needs a new motor, costing $600. The guy won't give me any money and said that it must have happened after he gave it to me. He says that if I sue him, he will sue me for lost wages for having to come to SF for court.
1. Do I have a chance at winning?
2. Can he sue me for lost wages if he misses work due to coming to the trial?
3. What else do I need in order to win?
Thank you!
I recently purchased a motor scooter for $1000 from a private party on craigslist. The person posted an ad stating that the scooter was "just tuned and in very good condition." Yes, I have the ad. The seller was in an area 1 hour away from me so we talked and I wasn't able to make it to his town. I agreed that if he brought the scooter to me in SF, that I would buy it as long as there was nothing wrong with it. He said, well it has a few scratches, but no big deal. I said fine, as long as it works mechanically and the scratches are not bad.
So, he gets the scooter to SF and the scratches are worse than he represented and some parts were missing. I agree to buy it anyway with the understanding that it was in good running order. I buy it, the bill of sale says "as is, without warranty."
The first day I ride it, it starts stalling. I take it to the shop and turns out it needs a new motor, costing $600. The guy won't give me any money and said that it must have happened after he gave it to me. He says that if I sue him, he will sue me for lost wages for having to come to SF for court.
1. Do I have a chance at winning?
2. Can he sue me for lost wages if he misses work due to coming to the trial?
3. What else do I need in order to win?
Thank you!