what do you think i should do in this situation?

[unluckyjohn]

i sold an old dirt bike on craigslist. i let the guy even test drive it and the next day he called me up, said the the back sprocket came off, that the bolts hold it were stripped and he blamed me saying i stripped them and sold him a bad bike. i told him i never touched the back wheel or sprocket. the dealer ship was the last one to take that stuff off and put it back on witch was more then a year ago. i think he wants me to buy the bike back but i'm starting to think that he did something wrong to make it fall off because it was his first bike. he barely knew how to ride.
what do ya'll think i should do?

 

[onechance]

Re: what do you think i should do in this situation?

If he test drove the bike and found it worth purchasing, then tough crapo on his part.

 

[Jig Stick]

Re: what do you think i should do in this situation?

oh well. its his problem now.

 

[Inspector Gadget]

Re: what do you think i should do in this situation?

The guy took it for a test ride. It worked fine then, right? He had an opportunity to have it checked out by a mechanic, or a trusted friend, did he not? Did he take advantage of that opportunity? Did you force him to buy it? Did you mis-represent the condition of the bike, make any claims that you knew to be untrue? If not, you should have a clear conscious. You owe him nothing.
Document any and all communication, through whatever channels, you have had, or will have, with him. Save a copy of the ad you put in Craigslist. Just in case things escalate.

 

[Maggot]

Re: what do you think i should do in this situation?

Give Cartman his email.

 

[IdahoMike]

Re: what do you think i should do in this situation?

Did you make a bill of sale stating he bought it "as is" and make an extra signed copy for yourself? If not it's your word against his, if so tell him to go pack sandballs.

 

[softcock]

Re: what do you think i should do in this situation?

A Bike when sold second hand is Buyers responsibility to know how the ride & take responsibility for Mechanics when he leaves with it .

Been there Had that happen . Sold a High performance rocket to a guy & 2nd gear blew the same month . Also sold another Rocket to a guy & he dies on it .
Buyer #1 didn't know that 2nd Gear is the most abused gear . & buyer #2 was Riding way over his head . & neither incidents Post sales, is my fault for selling my Bikes to them .
.

 

[The Mechanic]

Re: what do you think i should do in this situation?

Unless you gave him some form of written warranty or guarantee, it is caveat emptor and his problem not yours. If he sues you in small claims the only way you could lose is to call the judge a bad name.

 

[High Binder]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">Did you make a bill of sale stating he bought it "as is" and make an extra signed copy for yourself? If not it's your word against his, if so tell him to go pack sandballs. </div></div>

^^^^
This is why you never take legal advice over the internet...

 

[SAATG]

Re: what do you think i should do in this situation?

shit happens..you are not responsible for what happens to someone else's dirt bike and it was his at this point.

Now, if you knowingly sold it to him with that issue and didnt inform him about it, thats a different story.

Otherwise, i wouldnt lose any sleep over it.

 

[mexicanmatch]

Re: what do you think i should do in this situation?

It's his for now and ever.

 

[IdahoMike]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">Did you make a bill of sale stating he bought it "as is" and make an extra signed copy for yourself? If not it's your word against his, if so tell him to go pack sandballs. </div></div>

^^^^
This is why you never take legal advice over the internet...</div></div>

HB,
What legal advise was given? Every time I sell an item of value I get a Bill of Sale signed by the buyer, stating that there is no warranty expressed or implied. Not that it's iron clad, but it seems like standard shit to me rather than "legal advise".

 

[High Binder]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">Did you make a bill of sale stating he bought it "as is" and make an extra signed copy for yourself? If not it's your word against his, if so tell him to go pack sandballs. </div></div>

^^^^
This is why you never take legal advice over the internet...</div></div>

HB,
What legal advise was given? Every time I sell an item of value I get a Bill of Sale signed by the buyer, stating that there is no warranty expressed or implied. Not that it's iron clad, but it seems like standard shit to me rather than "legal advise". </div></div>

I guess I wasn't clear enough. Private party (non-dealer) vehicle deals are always 'as-is' unless the seller chooses to offer some kind of warranty which is not he case here. The Uniform Commercial Code doesn't apply and more to the point Magnuson-Moss doesn't apply. There is no need to create a document stating that there is no warranty either expressed or implied because there is no warranty...

Contracts, i.e. a bill of sale is a legal document and giving advice about such things constitutes legal advice which you did give...

Idaho, creating a BOS like you do as a seller is probably a good thing to do and listing 'as-is' is too but only in so much as the BOS's ability to act a civil action deterrent the real point of bill of sale is to be able to show that property transferred hands.

 

[IdahoMike]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">Did you make a bill of sale stating he bought it "as is" and make an extra signed copy for yourself? If not it's your word against his, if so tell him to go pack sandballs. </div></div>

^^^^
This is why you never take legal advice over the internet...</div></div>

HB,
What legal advise was given? Every time I sell an item of value I get a Bill of Sale signed by the buyer, stating that there is no warranty expressed or implied. Not that it's iron clad, but it seems like standard shit to me rather than "legal advise". </div></div>

I guess I wasn't clear enough. Private party (non-dealer) vehicle deals are always 'as-is' unless the seller chooses to offer some kind of warranty which is not he case here. The Uniform Commercial Code doesn't apply and more to the point Magnuson-Moss doesn't apply. There is no need to create a document stating that there is no warranty either expressed or implied because there is no warranty...

Contracts, i.e. a bill of sale is a legal document and giving advice about such things constitutes legal advice which you did give...

Idaho, creating a BOS like you do as a seller is probably a good thing to do and listing 'as-is' is too but only in so much as the BOS's ability to act a civil action deterrent the real point of bill of sale is to be able to show that property transferred hands.</div></div>

The hypocracy slays me...

 

[High Binder]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">
The hypocracy slays me... </div></div>

As does your lack of reading comprehension...

I said <span style="font-style: italic">don't take</span>, not <span style="font-style: italic">don't give</span>, the difference is rather fundamental.

 

[IdahoMike]

Re: what do you think i should do in this situation?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">
The hypocracy slays me... </div></div>

As does your lack of reading comprehension...

I said <span style="font-style: italic">don't take</span>, not <span style="font-style: italic">don't give</span>, the difference is rather fundamental.</div></div>

Geez don't get your panties in a twist. Starting with the fact that I agree one should not take legal advise over the net, the hypocrisy starts with me taking legal advise over the net. Why is it that folks always take to personal attacks over the net? Something to prove?...