Legal Question in Consumer Law in Texas

Item sold in a classified ad

I sold an atv for $900. I listed it as a 2001 model with a 250 cc engine. This is what the person who I bought it from told me. He did not have a title to show me for proof. So, after I bought it from him, I fixed it up a little and resold it. The person who bought it from me used the vin number to research it and found out it is a 1986 model not a 2001 and it is a 185 cc engine not a 250 cc engine. There is nothing wrong with the atv. It runs great. Do I have to give him his money back or is this a case of ''let the buyer beware'' and he is just out of luck. This is not something that I did intentionally. I did not set out to mislead him.


Asked on 1/22/06, 1:41 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Item sold in a classified ad

Look at the difference in value between what you thought you were selling, and what you actually sold. That's the buyer's damages if he wants to press the issue. Of course you can also look to the guy you bought it from as well.

If he wants to return it and get his money back, you'd probably be best off doing it, because what you did was a violation of the Texas Deceptive Trade Practices Act. That allows him to get attorney fees if he has to sue you.

If he can prove that you knew what you were doing, and did it anyway, he can get triple damages.

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Answered on 1/22/06, 2:00 pm


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