Legal Question in Consumer Law in California
Hi. I purchased a motorcycle in the US for export to the UK, I only saw photographs of the bike sent by the seller. When the bike arrived in the UK it was missing several parts that were clearly visible in the original advert photos. Am I within my rights to claim for these parts as they were an original selling point of the motorcycle?
Regards
Nick Clarke.
2 Answers from Attorneys
Mr. McCormick is right that you have rights, but I am less skeptical about the legal system's capability of resolving your dispute.
Inasmuch as your zip code shows that you are in Beverly Hills and the bike was purchased in the U.S., there should be no problem bringing an action in court and collecting the amount of your judgment. The trick is to determine which court you should be in and what your evidence will be.
You may sue the seller in the Los Angeles Superior Court if the purchase agreement was made in L.A. County, if the seller is in L.A. County, or if the purchase agreement was to be performed in L.A. County. Otherwise, you would likely need to sue in the seller's area. Federal court is available, but only for cases that are worth at least $75,000.
Inasmuch as you probably don't want to bring the bike back from the U.K., be sure to bring lots of photographs to court and an estimate or invoice for correcting the seller's omissions.
Before you start the case, though, it's a good idea to contact the seller, in writing, to try to resolve the matter, without litigation.
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