Legal Question in Consumer Law in Oregon

Item is not as described

We purchased a Diamo LS125 Enduro from a seller on Ebay on Aug 19,2004. The item was received. We moved to Utah and are now trying to register said item. The state requires an MSO form. Contacted seller, they cannot provide. They stated that the bike is for offroad use only. This was not how the item was sold to us. It was sold as a dirt or street bike. The seller is trying to get a copy of the orginal auction and will contact us then. I would just like to get our money back but it has been almost 2 years. Do I have a case? The bike only has 11 miles on it.

Thank you for your assistance.


Asked on 3/30/06, 3:02 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Item is not as described

Your "case" depends on the agreement between you and the seller. Apparently there is no written agreement, so you will have to have a trial on the merits. You may try to get a MSO from the manufacturer.

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Answered on 3/30/06, 3:15 pm


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