Sale of motorcycle in NE.

[M64535FA]

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

I sold my 1975 motorcycle and I have a question whether I have valid argument for collecting money on a seperate motorcycle part that was included in the sale.

I advertised the motorcycle stating I had an additional set of brand new original mufflers. I did not specifically state they would be included in the sale but i did state that I had them and when I posted the add I intended to include the additional mufflers in the sale.

The purchaser viewed the motorcyle and a week later I made arrangements w/purchaser over the phone to pickup up the motorcycle for purchase price of $5000. After arrangements were made I then decided I wanted to keep the mufflers to sell seperately. Keep in mind that up until the purchaser was at my house to pick up the motorcycle the additinal mufflers were not discussed at all. After the purchaser arrived the purchaser asked if I had the mufflers and I informed him of my decision to keep them. The purchaser made no issue of my decision and promptly asked what I wanted for the mufflers stating he would give me whatever I wanted for them. I told him I did not know what to price them at (at the time I had an idea they may have been worth around $450 but I wanted to make sure of a price.) Since he lived about 60 miles away - he asked if he could take the mufflers and he would then pay me later after I had identified a price. I aggreed to the terms and received the $5000 cash and he left with the motorcycle, title, extra mufflers, other new parts, manuals, and other collectable vintage publications. I did not write up any sales contract. This gentlemen is a prosperous business owner in a small community. I am also from a small community and I went ahead with the transaction based on his word.

Several days later I emailed him with the price of the mufflers @ $325 explaining the range of current market prices.

I did not receive any response from him. After approx 2-3 weeks after the sale I called him and asked him why I had no response. He stated he was very busy and had not completely read my email. I re-iterated what was in my email and he aggreed he would send me the $325. He at no time brought up any an issue of any kind with either the motorcycle or the mufflers.

To shorten this posting, I called him and left messages 2 more times within 2 weeks and he has not returned my call nor do I have any payment.

It has been about 7 weeks since the transaction has taken place.

My question is: I am considering taking this to small claims court. Do I have a valid argument for changing my mind on the mufflers and expecting money from this person.

Thanks. Any advise would be greatly appreciated.

 

[carol thompson]

If your original ad stated that you had additional mufflers AND that you intended to include them in the sale, I think that you may be stuck. If your ad just said that you had the motorcycle for $5000 and that you also had additional mufflers that you would sell, then you would argue that you had two separate contracts with the purchaser -- one for the motorcycle and one fo the mufflers.

Even if your ad said that the purchase price included the mufflers, then your fall back argument would have to be that when the purchaser showed up, you and he struck a new deal -- a new contract-- and that the purchaser agreed that the price of $5000 did not include the mufflers. You had an oral agreement that he would purchase the mufflers for a certain price (around $450 after you check on what a fair price for the mufflers would be). The purchaser orally agreed to these contract provisions and took the mufflers, promising to pay you your price. Most states allow for oral contracts for items worth less than $500.

Remember though, the purchaser may come up with a totally different version of your conversation with him when he came to purchase the motorcycle. Don't be surprised if he says you agreed to throw these mufflers in for the total price of $5000.

If you have a witness to this conversation, you may be in better shape.

So, check out what you said in your initial ad and then go to small claims court if you so choose.

 

[HomeGuru]

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

I sold my 1975 motorcycle and I have a question whether I have valid argument for collecting money on a seperate motorcycle part that was included in the sale.

I advertised the motorcycle stating I had an additional set of brand new original mufflers. I did not specifically state they would be included in the sale but i did state that I had them and when I posted the add I intended to include the additional mufflers in the sale.

The purchaser viewed the motorcyle and a week later I made arrangements w/purchaser over the phone to pickup up the motorcycle for purchase price of $5000. After arrangements were made I then decided I wanted to keep the mufflers to sell seperately. Keep in mind that up until the purchaser was at my house to pick up the motorcycle the additinal mufflers were not discussed at all. After the purchaser arrived the purchaser asked if I had the mufflers and I informed him of my decision to keep them. The purchaser made no issue of my decision and promptly asked what I wanted for the mufflers stating he would give me whatever I wanted for them. I told him I did not know what to price them at (at the time I had an idea they may have been worth around $450 but I wanted to make sure of a price.) Since he lived about 60 miles away - he asked if he could take the mufflers and he would then pay me later after I had identified a price. I aggreed to the terms and received the $5000 cash and he left with the motorcycle, title, extra mufflers, other new parts, manuals, and other collectable vintage publications. I did not write up any sales contract. This gentlemen is a prosperous business owner in a small community. I am also from a small community and I went ahead with the transaction based on his word.

Several days later I emailed him with the price of the mufflers @ $325 explaining the range of current market prices.

I did not receive any response from him. After approx 2-3 weeks after the sale I called him and asked him why I had no response. He stated he was very busy and had not completely read my email. I re-iterated what was in my email and he aggreed he would send me the $325. He at no time brought up any an issue of any kind with either the motorcycle or the mufflers.

To shorten this posting, I called him and left messages 2 more times within 2 weeks and he has not returned my call nor do I have any payment.

It has been about 7 weeks since the transaction has taken place.

My question is: I am considering taking this to small claims court. Do I have a valid argument for changing my mind on the mufflers and expecting money from this person.

Thanks. Any advise would be greatly appreciated.

**A: my take is no.

 

[M64535FA]

Carol & HomeGuru, thanks for commenting.

 

[ignitespeed]

If your going to enter the court room then chances are the buyer has changed his story.

With that in mind, the Judge will see two opposing view points. He will use reason and logical for his findings Such as,

Why oh why would you make a verbal agreement to a man living far away that he'll pay you the amount for the mufflers once you have created a reasonable price. Why not include a contract? Something in writing. Your willingly giving a stranger a piece of your possession through a "oral agreement"

The Judge will see
a. your a honest man and this was a honest scenario and the buyer is screwing you over.
b. Your potentially angry you sold the bike for less then you wanted and your trying to use a loophole from your ad ( mufflers statement) trying to get another few hundred bucks.

You may be telling the truth but you need to prove it, a lot lyes in the original ad. You need to PROVE the oral agreement. Circumstantial evidence may be beneficial , proving the agreement is concrete.

g/l

 

[M64535FA]

I received & cashed a check 2 days ago for $450.

The values of this type of motorcycle are increasing yearly and spare parts are increasing at an even greater rate. I never felt comfortable with my decision on changing my mind on the mufflers but I did - thinking if the purchaser had a problem with it he would let me know and we would go from there.
Not writing a contract was indefensible on my part no matter how many "trust" arguments I may come up with.

I should have just let the original transaction go - been satisifed with a quick sale and moved on. I will be re-imbursing purchaser $125.

Thanks again. This is a good site and I appreciate the responses.