Problem with vehicle buyer

[al_al]

Michigan is my state.

I recently posted a listing on Ebay for a 2001 Buell Motorcycle. The auction went smoothly and the bike was purchased for $2,000. The buyer agreed to drive to my hometown to pick up the motorcycle. Before leaving for Michigan, the buyer transfered $2,000 to me on PayPal. We met in the parking lot of a nearby store and the buyer test-drove and inspected the motorcycle. He was happy with the bike and I promptly brought the title to him, he looked it over, and signed the title. The bike is in great condition and is a 2001 Buell, but it had an assembled title on it. The title reads "2005 Assembled Title" for "Motorcycle."

His claim is that because I called it a 2001 Buell (which in all actuallity it is), but the title says "2005 Assembled Motorcycle," that I owe him a full refund and that I am responsible to drive 10 hours to pick up the motorcycle.

We have emailed back and forth for a while and each time I have told him: "At the point of purchase (the parking lot in my hometown), you had every chance to inspect the bike and read the title. If you decided at that point that you did not want a bike with an "assembled" title, then you could have turned around and went home and I would have sent a refund. But, you signed the title, which is a legal document claiming rull responsibility and owership for a vehicle, the fact that you didn't read it closely enough or have the sense to decide against the purchase, then it is your mistake and I don't have a responsibility to fix it.

Legal help please?! This guy is driving me nuts!What is the name of your state?

 

[Zigner]

Michigan is my state.

I recently posted a listing on Ebay for a 2001 Buell Motorcycle. The auction went smoothly and the bike was purchased for $2,000. The buyer agreed to drive to my hometown to pick up the motorcycle. Before leaving for Michigan, the buyer transfered $2,000 to me on PayPal. We met in the parking lot of a nearby store and the buyer test-drove and inspected the motorcycle. He was happy with the bike and I promptly brought the title to him, he looked it over, and signed the title. The bike is in great condition and is a 2001 Buell, but it had an assembled title on it. The title reads "2005 Assembled Title" for "Motorcycle."

His claim is that because I called it a 2001 Buell (which in all actuallity it is), but the title says "2005 Assembled Motorcycle," that I owe him a full refund and that I am responsible to drive 10 hours to pick up the motorcycle.

We have emailed back and forth for a while and each time I have told him: "At the point of purchase (the parking lot in my hometown), you had every chance to inspect the bike and read the title. If you decided at that point that you did not want a bike with an "assembled" title, then you could have turned around and went home and I would have sent a refund. But, you signed the title, which is a legal document claiming rull responsibility and owership for a vehicle, the fact that you didn't read it closely enough or have the sense to decide against the purchase, then it is your mistake and I don't have a responsibility to fix it.

Legal help please?! This guy is driving me nuts!What is the name of your state?

Not sure what "legal" help you are looking for. Other than some emails back and forth, nothing has come of this yet.
With that said, I have to say that I think it was a bad bad bad idea to accept Paypal for this transaction. You are going to regret it when that $2,000 in your paypal account suddenly disappears! This is definitely the kind of transaction that needs to happen in person with CASH. I hope it doesn't come to that for you, and for the record, I think you are in the right.

 

[janedoe23]

But, you signed the title, which is a legal document claiming rull responsibility and owership for a vehicle, the fact that you didn't read it closely enough or have the sense to decide against the purchase, then it is your mistake and I don't have a responsibility to fix it.

Legal help please?! This guy is driving me nuts!What is the name of your state?

You on the other hand never disclosed this in the auction!!! If I was talking to him right now I would suggest him file a claim against you for not giving him the item he won and paid for. I don't know the difference between a title and an assembled title but either way you had the duty to reveal this info in the auction.

 

[Zigner]

You on the other hand never disclosed this in the auction!!! If I was talking to him right now I would suggest him file a claim against you for not giving him the item he won and paid for. I don't know the difference between a title and an assembled title but either way you had the duty to reveal this info in the auction.

That would be a proper response for recovering costs associated with the 10 hour trip if the buyer had not inspected the vehicle PRIOR to taking possession of it. However, according to OP, the buyer had every opportunity to uncover this item with even a tiny bit of due dilligence.

 

[janedoe23]

I think you are in the right.

I have to disagree! When listing an auction you can't leave out valuable information and hope and pray that the buyer doesn't notice it and once the deal is over and in stone then point and laugh because the buyer realized the misrepresentation after.

 

[Zigner]

I have to disagree! When listing an auction you can't leave out valuable information and hope and pray that the buyer doesn't notice it and once the deal is over and in stone then point and laugh because the buyer realized the misrepresentation after.

I'm still not 100% convinced that the buyer didn't have a chance to "notice" this before taking possession of this vehicle in an as-is sale. But, I also see your point.

EDIT:
Let me clarify my position. If I have 5 wrecked Buell motorcycles, all of the same model type and year (ie: 2001) and I manage to make 1 whole motorcycle out of those pieces, it is STILL a 2001 Buell motorcycle. I guess I'm assuming this is something like what happened.
Or, was it a kit?

 

[al_al]

Relpy to responses

As to the regret of a PayPal transfer: I have already withdrawn all the money from the paypal transfer into cash. As of today (Tuesday July, 25), I hold the $2,000 in my hand. So, there is no chance for the payment to be withdrawn.

As to the point made against the alleged misrepresentation of information: If I had shipped the item to the buyer and the buyer was unsatisfied with the product, I would have issued a full refund. The fact that the buyer came to a specified location to complete the transaction (the transfer of goods), makes the place that the buyer came to the "shipping point." As I said, if shipped, the buyer would have had the opportunity to decline the purchase if it was unsatisfactory, but since the buyer had the opportunity to inspect the item before "claiming" (signing the title), makes the buyer responsible for any actions taken at that point.

The buyer had the option to deny the sale at the "shipping" point, which in the case happened to be the parking lot of the store. The buyer saw the vehicle, drove the vehicle, and decided to sign the title to the vehicle, so I don't understand how he has any claim for a refund. Does he?

If I had the motorcycle sitting on the side of the road with a "for sale" sign on it, and someone contacted me to purchase the motorcycle, the minute they signed the title and I received the payment, the transaction would be complete.....correct?

 

[al_al]

Relpy to responses

Yes, the idea that you have 5 Buell motorcycles and created 1 out of those is correct. This however doesn't seem to have any bearing on this situation, correct? Once a legal document (such as a title to a vehicle) is signed, the legal aggrement is final.....?

 

[janedoe23]

As to the regret of a PayPal transfer: I have already withdrawn all the money from the paypal transfer into cash. As of today (Tuesday July, 25), I hold the $2,000 in my hand. So, there is no chance for the payment to be withdrawn.

You're kidding right?? Just because you withdrew the money doesn't mean squat!

Why don't we turn the tables for minute. Let's say you purchased a video recorder assuming it was new and after you recieved it and completed the deal you later find out the video recorder was actually refurbished. How would you feel? Would you want a refund for the video recorder, afterall, it wasn't as described now was it?

I still stand by my first response in that I hope the guy files a claim against you!!

 

[al_al]

I don't believe that fits the situation

If I were to purchase a product that didn't claim whether it was new or not, and upon receiving the item it had documentation with it that said "refurbished," if I didn't want a refurbushed item, then I wouldn't sign a "contract" claiming full ownership.

The Ebay listing for the bike I sold simply said "Clear title." A clear title only means that the vehicle is payed for and owned completely by me with no money owed to a third party. "Clear title" doesn't claim anything about the type of title.