motorcycle sold on criags and now hes sueing me.

[unknownacer]

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

ok well heres my story:
i recently sold a motorcycle on craigslist. (listing is at the bottom). i had it for a total of little more than 2 weeks before i sold it. i bought the bike to be an second bike to keep from rackin up miles on my other motorcycle or become a stunt bike. when i bought the bike it was in running condition ran fine and no problems TO MY KNOWLEDGE. i to drove it to school and back for 2 weeks which totals around 80 miles and sometimes at night just for fun. then i sold the bike to another college student. he didnt ride it when he came to look at the bike but he started it up and it ran fine. he liked it so he bought it. so i rode the bike to his place approx 3 miles away since he didnt have his gear. he gave me 3000 and i gave him the title (still in the previous owners name). so i get a call 2 days later and says that the bike isnt running and is leaking oil everywhere. he then takes it to a shop and the shop says the engine didnt have any gaskets and was tightened so tight just so the oil would not leak. i had NO IDEA of any problems and i rode it fine for 2 weeks. and now he damands his money of 3000 back and hes taking me to court. i have the bill of sale form the previous owner with the date and miles at the time he sold it to me, and i took a picture of the odometer for b4 i sold the bike to the other person and it shows less than 100 miles put on it. i didnt do anything to the motorcycle and now he wants his money back. does he have a case

i also had another person look at the bike b4 he did and he was going to buy it and confirm it was in running condition but didnt have any money. i could contact him for a testimony but would that do anything.

i didnt register it in my name because i have another bike was still thinking if i should really have two bikes. i was going to make this one a track bike or a stunt bike and my other bike a daily driver.

please any advice.

here is the criagslist post:
i have a 99 Kawasaki zx6r. i bought this bike and used it for two weeks for school then i got another bike. so selling because i have two bikes and no need for two bike and a car so selling cheap. never had a problem with this bike. warmed it up and rode to and from class with no problems. this would be a great beginner bike or stunt bike. super easy to learn on throttle is very forgiving. previous owner took it in for a full service in long beach at M&C motorcylce shop. and since then i only rode less then 100 miles in two weeks. cheap ass insurance, 180 for a year!!!!!!!!!! some details about the bike:

REGISTERED till may 2009
title in hand
runs great no problems
runs strong
good beginner bike
fairings have NO scratches and are in good condition
painted matte black
frame is painted glossy black
new windscreen
included new sliders
all stock parts
never raced or stunted
has 37k miles
still meaty tires
cheap insurance
straight frame
used for only two weeks going to and from school
easy to learn on
RECENTLY SERVICED IN at m&c motorcycle shop

 

[CraigFL]

Did you write any kind of sales receipt or contract saying the bike was as-is?

 

[unknownacer]

no there was no contract saying bike was sold as is. but then i would think once the leaves the sellers hands there would be no warranty unless stated somewhere wouldnt it.

 

[BL]

Did you have a right to sell it with the title in the previous owner's name ?

 

[unknownacer]

Did you have a right to sell it with the title in the previous owner's name ?

i dunno do i? i had the title signed and everything. i also had the bill of sale too from the previous owner saying he sold it to me. i just never got to registering it because i was still thinking if i really wanted to have another bike to track or have another daily.

 

[BL]

i dunno do i? i had the title signed and everything. i also had the bill of sale too from the previous owner saying he sold it to me. i just never got to registering it because i was still thinking if i really wanted to have another bike to track or have another daily.

Why not look up your State's laws on the subject ?

Maybe DMV .

 

[unknownacer]

Why not look up your State's laws on the subject ?

Maybe DMV .

i tried looking for it in the california dmv website but i cant seem to find anything. any one know of any sites for california law relating to this.



again thanx everyone for the help. i really need it keep em comming.

 

[acmb05]

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

ok well heres my story:
i recently sold a motorcycle on craigslist. (listing is at the bottom). i had it for a total of little more than 2 weeks before i sold it. i bought the bike to be an second bike to keep from rackin up miles on my other motorcycle or become a stunt bike.


please any advice.

here is the criagslist post:
i have a 99 Kawasaki zx6r. i bought this bike and used it for two weeks for school then i got another bike. so selling because i have two bikes and no need for two bike and a car so selling cheap. never had a problem with this bike. warmed it up and rode to and from class with no problems. this would be a great beginner bike or stunt bike. super easy to learn on throttle is very forgiving. previous owner took it in for a full service in long beach at M&C motorcylce shop. and since then i only rode less then 100 miles in two weeks. cheap ass insurance, 180 for a year!!!!!!!!!! some details about the bike:

Yes I know this is minor and probably has nothing to do with it but I tend not to believe you did not know there were problems with the bike. In your post here you say you bought it as a second bike but in your ad on craigslist you state you bought this bike first.

Now as far as your selling the bike, I am pretty sure you could not do that without registering it in your name first.

 

[xylene]

In california all vehicle transfers are as-is unless a warranty is written.

There is no verbal or implied warranty on a 10 year old motorcycle.

Depending on the circustances it is possible the poster owes some use tax and penalty from the improper title transfer, as it needed to be done in 10 days, not 2 weeks.

That is between him and the state, and does not change the fact that the buyer has no recourse.

 

[Zigner]

Depending on the circustances it is possible the poster owes some use tax and penalty from the improper title transfer, as it needed to be done in 10 days, not 2 weeks.

I don't feel like looking it up, so I'll just make the vague statement that 10 business days is two weeks

 

[unknownacer]

In california all vehicle transfers are as-is unless a warranty is written.

There is no verbal or implied warranty on a 10 year old motorcycle.

Depending on the circustances it is possible the poster owes some use tax and penalty from the improper title transfer, as it needed to be done in 10 days, not 2 weeks.

That is between him and the state, and does not change the fact that the buyer has no recourse.

is there a site where i can find this and print it out. this would be really helpful. and if i do have to pay tax then it would be fine. id rather pay tax than refund the 3k and get a broken bike.

Yes I know this is minor and probably has nothing to do with it but I tend not to believe you did not know there were problems with the bike. In your post here you say you bought it as a second bike but in your ad on craigslist you state you bought this bike first.

Now as far as your selling the bike, I am pretty sure you could not do that without registering it in your name first.

well i honestly didnt do anything to the bike. like i said when i bought the bike it seemed fine. i didnt see any problems and it rode fine and when i sold it it was fine. i even rode it to his house. so i dont even know how to service a bike so i couldnt have done whatever is wrong with the bike. and as for the post i dont remember what i was thinking when i said i bought another one. probably mixing stuff up.

 

[BL]

California DMV Motorcycle Registration Forms & Requirements - DMV.ORG

http://www.dmv.org/ca-california/title-transfers.php

 

[unknownacer]

California DMV Motorcycle Registration Forms & Requirements - DMV.ORG

CALIFORNIA TITLE TRANSFERS - DMV Titling & Registration Information Online - DMV.ORG

thats i saw already saw that when doing research. thanx but i was wondering is there a law or bill stating that "In california all vehicle transfers are as-is unless a warranty is written. " this would really help thanx.

cant thank you guys enough with the help and advice.

 

[ariastar]

Why did you buy a bike that you decided to sell only two weeks later? I'm suspecting you found a problem and decided to get it off your hands. You represented the bike as being in just fine condition, no problems, etc.. Normally a sale would be as-is, but it can be argued that you misrepresented the condition of the bike.

It really might be easier for you to refund the money, properly register it, and relist it. If you genuinely didn't know about the problems, you can TRY to go after the previous owner for misrepresentation.