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Discussion Starter #1
I sold a used 1979 Motorcycle. I provided a list of parts and services performed while I owned the bike and now the person that purchased this 23 yr old motorcycle wants to sue me for "Deceptive Trade". He states that I lied about the new parts/services performed and he is suing for $5000.
Primarily he has complained that the new pistons/rings I said were installed were not properly installed. He claims there were 2 different types of gaskets and that I am liable for the damage to the motorcycle.
He only paid $3500 for the bike. I am a private individual and do not sell anything on a regular basis. I no longer have receipts for the things I purchased and can only go in and say that I did verbally with no documentation to back it up. Am I going to go in and lose this case, or is there stuff I can do to still win? I have collected copies of all the receipts I can remember, but there are still items I have no receipts for. What should I do?
 

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He has burden of proof

It was a 23 year old bike sold without any claim of warranty. Let him have his day and then counter-sue for expenses. Provide what you can, it would be preposterous that a judge (civil matter, small claims) hold you liable.
 

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Get as much paper as you can to back up the work that was done.
 

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There is a long held addage of "BUYER BEWARE".

While it is always best to sell anything with a warranty disclaimer "as is" it is not required.

At the time of the sale, to the best of you knowledge, the things were all on the up and up.

One thing to note is that TEXAS does not like friviolus law suits. For starters, the dumbass has to show "actual loss".

Paying $3500 for a bike and asking for $5000 is stupid as well if I say it it will just come out as **** so I just placed the stars instead of being edited.

NO he will not win the case unless he can PROVE that you knowingly falsefied statemets in order to sell the bike.

Tell him you have obtained legal advice and that you invite him to go for it. Let him know that bringing forth litigation is expensive and that you will counter sue for at the minimum reasonable attorney fees, loss of time, and court costs.

Does this lameass live in the Houston area? He sounds like a moron that needs his crying ass whooped.
 

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He's blowing wind up your ***. Exactly what did you give him? I'm guessing a title, hand written receipt, and a list of parts and services done, oh, and the keys. He has nothing guaranteeing him anything, unless you put that on the receipt, which I'm sure you wouldn't have. In the future remember to ALWAYS write the words "AS IS" on the receipt, it saves a lot of hassle later. Let him bark, he has no bite.

PS. I am not a lawyer but I did stay at a Holiday Inn Express last night.
 

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DJW said:
PS. I am not a lawyer but I did stay at a Holiday Inn Express last night.
 

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ksims, if you do end up in court be very careful what you say. Most people will say too much. Don't admit to anything unless it was in writing. My recollection is that if its not in writing its not binding. Thr more you say, the more it may look like some kind of waranty or guaranty. jmho. greg
 

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I am a private individual and do not sell anything on a regular basis
This is the most important point in the deal. You are not in the business of selling bikes. This and keeping your mouth shut might win it for you. if you did not make any statements in writing.
If the work done to the bike is brought up by the other party give as little information as you can get away with except to mention that you paid a third party for the repairs in good faith.

5K is likely a small claims case, so you would be wasting money on a lawyer, just don't say a word to the guy other then tell him to go for it, by asking for more then the value of the bike he is digging his own grave.
 

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I ain't no lawyer, but in the world of private sales, "buyer beware" is the general rule. You are not a dealer, so there are no implied warranties. There is no expressed warranty either. He would have to prove you TRIED to screw him, and I doubt that he could do that. Chumps like him are why we have too many lawyers already. Like the boys said, let him do what he wants...
 

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Discussion Starter #11
Here is where it gets kind of sticky and I may have screwed up. On the list of parts that I had replaced I included shocks and dyna ignition. These 2 items were replaced by the dealer that I bought the bike from. They told me they had just recently replaced these items, so I included them on the new parts list.
One more note...on the parts/services list I gave him I did have a statement on there in BOLD print "Being sold AS IS with NO warranty or trial period implied". A friend of mine that sells used cars suggested I add that.
 

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Discussion Starter #12
Another interesting note...My Name has NEVER been on the title or any paperwork regarding ownership of this bike. I NEVER got it titled because I never got around to it. Will this have any bearing on the outcome?
 

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I wouldn't sweat the details. Just keep it real simple. You bought it from a dealer in good faith and you just sold it as-is to the best of your knowledge. If you start elaborating about the title, the fine print, and any other bullsh1t you start to sound like you were deliberately trying to screw someone.

I say f*** the deadbeat buyer AND his motorcycle :D
 

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I'd say with this on the paper work, In Iowa anyway you'd have nothing to worry about. It says it all.
"Being sold AS IS with NO warranty or trial period implied". A friend of mine that sells used cars suggested I add that.
Tell the guy to take a hike, and you'll see him in court. Bet you never see him again.
 

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Discussion Starter #15
Take a hike

I did tell him to take a hike 3 months ago and I have been served with papers. I am to appear in court on September 25th. That hearing is for a change of venue. I filed for change of venue because he filed the case in his hometown (small town) and the case should be seen in my county where I live and where the transaction took place.
I just can't believe he has continued his pursuit and actually filed a small claims suit. It just seem ludicrus!
 

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Go to court and quit worrying about it. It will be ok unless you left anything major out of your story he can PROVE.
 
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