• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Private Seller misrepresented vehicle being as being stock-missing Clutch assembly specific to that model.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Black stove

New member
What is the name of your state? Maryland

Background: Purchased used All terrain vehicle online from a seller listing two vehicles . Advertisement did not mention As Is sale, only the basics and to contact for more information. We are not familiar with bikes but wanted this model for its specific "Sports Clutch" system. basically , its a semi automatic with a manual handlebar lever override. Seller lives out of state of Maryland.

Situation: Texted Seller for more information . We exchanged text messages and inquired if the vehicle was stock or had the engine rebuilt. Seller texted back that is was stock and ran great. We replied that was good because we were looking for a stock vehicle .We also mentioned that we purposely were interested because of being a present for our daughter, it was a semi automatic with a optional manual clutch override on the handle- something for her to learn on. Meet up with seller for him to show it to us. We give test drive. Bike ran good to us, the handle bar clutch was a little loose, some over all body damage, nothing we really minded. Again, we talk with him about the clutch and getting it because it was easy for her to learn on and he goes on about how he lets his friends ride it around and they never had any problems. He goes on talks about it being stock and not modified. We say awesome and make a deal on this stock All terrain vehicle with clutch.

Next day, a knowledgeable friend comes to check out the new ride an notices it leaking oil after sitting which makes him investigate and sees that the engine is not original to the bike and is missing the entire "sports clutch system" and the handlebar clutch lever was a retrofitted to the rear brakes loosely so when squeezed, it wouldn't grab the brake- Basically this "stock bike" was not stock, and the clutch system which is specific to that model is totally absent .
We text the seller of our findings and stated we would return the bike and we would like our money back. His text responses were" I didn't know" and later " it was like that when I bought it."

We texted back and forth pretty much he told us " he didn't understand" our request to get our money back from his misrepresenting the bike. We told him that after denying our request to return our money, we would be contacting the police department to explore our options on this untruthful sale. His last reply to us was " I don't know what that will do for you, you purchased the vehicle just like I did"

I not sure our options now. There was never an As-Is agreement on our bill of sale contract, on the advertisement listing or verbal. We purchased the bike that was presented by the seller as stock with a clutch system, which isn't the case. The seller is standing by his claim of " not being a mechanic" and " I was told it was stock, so I sold it as stock". He is selling two bikes- he is the registered title owner of both. He stated his friend have rode it around and he he didn't know all these things were missing? I feel at this point he is saying anything and everything to deflect from the fact he knew the bike was not stock , had no clutch system and the handle bar lever was retrofitted to the rear brakes loosely just for show.

We are considering taking this to small claims as our communication with the seller seems to be unresolved.

Thank you for your input on this.
 


TheGeekess

Keeper of the Kraken
Sale is governed by the state where the seller lives. Any small claims action will have to be done in the seller's home state. In some states, a private vehicle sale is understood to be as-is. The time to get a mechanic to look at the vehicle is before you buy it.
 

Litigator22

Active Member
What is the name of your state? Maryland

Background: Purchased used All terrain vehicle online from a seller listing two vehicles . Advertisement did not mention As Is sale, only the basics and to contact for more information. We are not familiar with bikes but wanted this model for its specific "Sports Clutch" system. basically , its a semi automatic with a manual handlebar lever override. Seller lives out of state of Maryland.

Situation: Texted Seller for more information . We exchanged text messages and inquired if the vehicle was stock or had the engine rebuilt. Seller texted back that is was stock and ran great. We replied that was good because we were looking for a stock vehicle .We also mentioned that we purposely were interested because of being a present for our daughter, it was a semi automatic with a optional manual clutch override on the handle- something for her to learn on. Meet up with seller for him to show it to us. We give test drive. Bike ran good to us, the handle bar clutch was a little loose, some over all body damage, nothing we really minded. Again, we talk with him about the clutch and getting it because it was easy for her to learn on and he goes on about how he lets his friends ride it around and they never had any problems. He goes on talks about it being stock and not modified. We say awesome and make a deal on this stock All terrain vehicle with clutch.

Next day, a knowledgeable friend comes to check out the new ride an notices it leaking oil after sitting which makes him investigate and sees that the engine is not original to the bike and is missing the entire "sports clutch system" and the handlebar clutch lever was a retrofitted to the rear brakes loosely so when squeezed, it wouldn't grab the brake- Basically this "stock bike" was not stock, and the clutch system which is specific to that model is totally absent .
We text the seller of our findings and stated we would return the bike and we would like our money back. His text responses were" I didn't know" and later " it was like that when I bought it."

We texted back and forth pretty much he told us " he didn't understand" our request to get our money back from his misrepresenting the bike. We told him that after denying our request to return our money, we would be contacting the police department to explore our options on this untruthful sale. His last reply to us was " I don't know what that will do for you, you purchased the vehicle just like I did"

I not sure our options now. There was never an As-Is agreement on our bill of sale contract, on the advertisement listing or verbal. We purchased the bike that was presented by the seller as stock with a clutch system, which isn't the case. The seller is standing by his claim of " not being a mechanic" and " I was told it was stock, so I sold it as stock". He is selling two bikes- he is the registered title owner of both. He stated his friend have rode it around and he he didn't know all these things were missing? I feel at this point he is saying anything and everything to deflect from the fact he knew the bike was not stock , had no clutch system and the handle bar lever was retrofitted to the rear brakes loosely just for show.

We are considering taking this to small claims as our communication with the seller seems to be unresolved.

Thank you for your input on this.
Enjoy your purchase as much as you can because you ain't going to get no court to overturn the sale! Not under the circumstances you describe. Not when you availed yourself of the opportunity to inspect and test drive the bike during which every feature and condition of the bike as supposedly represented by the seller was patently verifiable.
 

xylene

Senior Member
You personally inspected the vehicle and found it acceptable. There us no misrepresentation, and in a used private party sale like this it wouldn't matter.

Your daughter can learn to use the clutch like any rider. Nothing precludes that, certain not her gender.
 
Sponsored Ad

Top