Legal Question in Consumer Law in Florida

I recently listed my harley davidson on cycle trader online, when I listed the bike, I noted the mileage to be 11,000 miles, a buyer came and agreed to purchase the bike after test driving it and looking it over, upon meeting at the bank to finalize the bike transaction, we both signed a bill of sale noting the bike is sold "as is" , 5-days after the sale, the new owner of the bike calls me and says that the mileage is actually 13,000 miles and that he wants $300 compensation for the difference in mileage (basically to pay his taxes on the bike) he claims that he will now try to take me to small claims court for odometer fraud? I don't think I committed any fraud here, if you could let me know where I stand, by the way I live in Florida


Asked on 5/20/11, 6:43 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Odometer fraud generally involves tampering with the odometer in a manner which results the reporting of lower miles than what has actually been accrued. Based on your description the buyer inspected the vehicle and agreed to purchase the bike "as-is" following the inspection of the bike. If the odometer shows the correct mileage then he should have noted that at the inspection.

Based on the limited information provided here, and absent any critical information which may have been omitted, I believe the buyer will have difficult time prevailing in court. Good luck.

*Response to this question does not constitute an attorney client relationship and should not be relied upon solely as legal advice.

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Answered on 5/20/11, 9:10 am


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