Legal Question in Civil Litigation in North Carolina

I sold my bike without having the person signing something stating that he was buying it "as is". Now I am being sued. The person changed the oil himself and overfilled the motor with oil. He went to get it fixed and the business told him that the motor looked like it was stolen. I knew nothing about a stolen motor. After an investigation it was determined the motor was not stolen. Then the business told him that the motor was damaged more that what he did when he overfilled it with oil. I had no problems with the bike when I had it. Now he is suing me for 5000 of the 7000 he paid for it. What can I do?


Asked on 6/11/10, 9:18 am

1 Answer from Attorneys
Rachel Hunter

Get a lawyer to represent you. That was YOUR fault for not drawing up a simple written contract (all contracts for the sale of goods over $500 must be in writing) stating that the bike was sold as is. Without this magic language, you gave warranties on the bike that it worked as represented. You will need your own testimony and that of your own mechanic to say that the engine worked fine when you had the bike. What knowledge/proof do you have that the engine oil was overfilled? You will need to hire a civil litigation lawyer for this.

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Answered on 6/11/10, 12:25 pm


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