Civil Action

[dant42]

What is the name of your state? Pennsylvania

I sold a motorcycle with salvage title from RI to an individual and had the title directly assigned to them from the RI dealer(having never seen the title or repair records). Unaware of the requirements to file MV-426 and jump through some hoops to get it titled in PA, I figured that transfer would be no big deal. The buyer knew it was a salvage title and was quite pleased with the motorcycle, even after they had a mechanic give approval. Now, 5 months later, they have filed a civil action to recover the purchase price because of, as they put it, extreme circumstances in getting this titled, as well as a claim that the motorcycle is not and cannot be made street-legal. I had the bike checked and was told that all the bike needed was a chain guard and a new front tire. I deducted the cost of these repairs from my asking price and disclosed these requirements to the buyer. They contend that I sold the bike under false pretenses. I told them what I knew about the bike and the process of titling but never intentionally deceived the buyer. Furthermore, the onus was on them to check the bike out prior to the sale. Do they have a case?

 

[djohnson]

I am not an attorney so remember that when reading.

Anyone can file suit for anything it seems these days. If he has a chance of winning could be dependant on who puts forth the best case with the most believable evidence. My opinion for what it is worth though, is no. If they knew about the title then that is no reason to back out of an agreement. It would be their responsibility to know what needed to be done and check the bike out before they made the agreement. I can't see where they have a valid claim, however I am not an attorney.