Legal Question in Consumer Law in New York

I purchased an atv lemon

I purchased a used atv from a for sale

sign for $2700 and prior to picking it

up, but after the deal was made, the

seller, who is 17, told me that he just

started hearing a noise. I took it for a

ride, but the noise was hardly heard, so

we both thought it was a stick or

something. After getting it home, and

driving it, the noise was very loud. The

next am, two of the four tires were also

flat. I brought it to my mechanic, and

found out the tires were patched where

you really can't patch and it had to be

brought to an atv dealer for the rear

end repair. Prior to bringing it to the

dealer, I called the 17 y/o and told

him the problem and we agreed that if

the repairs were less than $750, we

would split it, if not, he would refund

my money. I said to him that we should

let his father know what was happening.

He said he did not want his father

involved. I asked the 17 y/o to sign

an a paper of our agreement. He did.

The repairs will be about $1500, so the

dealer said he would take it as a trade

in for $700.00 if I purchase a new one,

which, i guess, is ok with me. I want the

seller to refund $2000 or the $2700

and he can have the vehicle back. Is he

bound by our agreement?

1 Answer from Attorneys

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