Legal Question in Civil Rights Law in Texas

Purchased a misrepresented motorcycle

Three months ago my husband purchsed a motorcycle from an individual in town. Today he discovered that instead of buying an 1100 cc engine (as stated on the Bill of Sale) he has a 650cc engine. With this information in mind, he paid $1,000 too much for the bike. What legal recourse does he have concerning the purchase?


Asked on 8/02/03, 6:33 pm

2 Answers from Attorneys

Trang Tran Tran Law Firm L.L.P.

Re: Purchased a misrepresented motorcycle

Being a motorcycle enthusiast myself, I would surmise that your husband bought the 649 cc AKA 650 version of the Yamaha V-Star Sivlerado or V-Star Classic (The 650 came with the same style and model choice as the 1100s but has only 60 percent of the displacement). In that event, the price difference could well exceed $1,000 but less the $5,000 limit for small claims court.

If the amount in controversy is less that $5,000 you could bring this claim to small claims court on your own or with the assistance of an attorney. It will be important to bring proof of the price difference between the 2 different bikes: one a full size bike and the other a middleweight bike.

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Answered on 8/03/03, 1:44 pm

Re: Purchased a misrepresented motorcycle

It sounds like you might have a claim under the DTPA. You should speak with a local attorney about this. To give you a little background about the DTPA and your rights, see this website www.texasbar.com/public/consumerinfo/helpfulinfo/consumer/dtpa.asp This will help when you meet with an attorney.

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Answered on 8/02/03, 9:01 pm


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