Legal Question in Civil Litigation in California

I am being taken to Small Claims regarding a used dirt bike that I had sold to a private party. The buyer inspected and test rode the bike to his satisfaction and agreed to make the purchase. I recieved an e-mail from the buyer three days after the sell stting that the bike had broke down and that I had knowingly sold him a bike with engine problems. I had no control over what was done to this bike or how it was ridden after it left my possession. The bill of sale that I provided the buyer did not state that there was a warranty and I did not state that the bike was being sold in "as is " condition. Does the buyer have a winning case against me?


Asked on 10/12/09, 1:07 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The buyer will have to prove that the bike was defective when you sold it to him. He will argue that after three days of normal usage something would not normally break down unless it was already defective. Even if you state you did not know of any defect, since you did not tell him it was being sold as is, the buyer had the right to assume that it was in working condition, especially if you were selling it at a price that would be the usual price for a good, working bike.

So my guess is that you likely will lose, but the judge might deduct the current fair market value of the bike [used parts have any value?] from the damages if the buyer keeps the bike. You need to get a bike shop to give you a written declaration as to the value of the different pats of the bike.

Read more
Answered on 10/12/09, 2:58 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California