Legal Question in Civil Litigation in Michigan

I was selling a totally rebuilt restored custom1988 yamaha warrior 350 fourwheeler, it had a lot of work and money put into it. I had a day this last weekend where I had 8 differents buyers lined up to meet a various times. I had this older gentleman come out and talked forever about this and that. He couldn't believe the condition and that it ran and sounded so good. He insisted I take it out of my truck so he could "putt" around the meijer parking lot I met him at. I told him no several times, it wasn't safe nor a smart idea. He pulled cash out of his pocket and said " I've got enough to pay for it, I jus wanna putt around make sure it rides" he insisted over and over he was jus going to putt around the area we parked. I got stupid seeing the money and pulled it off the truck. I started it warmed it up road it for quite a few minutes myself, then I handed it over to the gentleman. This guy hopped on with no regard went down about 150-200yards and came back full throttle. 3-4gears and it sounded like he missed 5 and it revved out for a few seconds and all a sudden the motor jus popped and started clanking. I ran over to see what happened and he hopped off and so "oh that's a bum deal" ,I told him he didn't know what he was doing and he wasn't suppose to hop on and go race around, after pushing it back to the truck and starring at eachother for several mintues he jus hopped in his truck and left. I have his plate number name and cell. I tried to go file a polive report. They told me they couldn't and I would need to file a civil claim in the local court house. Where or what can I do???? I was using this money to move and now I have this blown motor, because of his negligence. Please help


Asked on 11/16/10, 6:56 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your question states that you permitted this guy to "test drive" your fourwheeler. Because his money was still in his pocket, instead of in your pocket, you did not have the item sold, and his test drive was a condition of any subsequent offer to purchase. He never told you he was going to buy the item, he only told you that he could afford to buy it. You are correct, you got stupid, but you probably would have had problems with any other buyer as well. You claim that this "older gentleman" blew your fourwheeler motor in 200 yards or less. It doesn't sound good for the actual condition of the fourwheeler.

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Answered on 11/21/10, 12:25 pm


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