Buying an ATV Questions and suggestions about what to buy, financing, insurance, etc.

Getting sued.

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  #11  
Old 06-27-2017, 12:38 PM
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Originally Posted by Wodmma
I did sell it with good faith. But the buyer is being very demanding and knows people in the court..
That's what they all say to try to bluff you. I know people in high places or my brother in law is an attorney..
 
  #12  
Old 06-27-2017, 01:28 PM
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So if my bill of sale did not say sold as is am i responsible at all?
 
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Old 06-27-2017, 01:33 PM
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Not sure how it works where you're at, but I know down here in Texas, if you bought a vehicle used, and you do not have any paperwork showing it came with a warranty, it doesn't.

In court, just mention the doctrine of caveat emptor. Unless he has a lawyer, he won't mention caveat venditor.
 
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Old 06-27-2017, 01:33 PM
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As long as you didn't make any guaranty about it's condition you're okay. Let them take you to court. All that will happen is it will waste some time and if they hire a lawyer it will cost them some money. There shouldn't be any trial at all. Most likely it will get thrown out and the other guy will be told to quit wasting the court's time.
 
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Old 06-27-2017, 01:40 PM
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In my add i did mention the atv ran great and needed nothing. And thats the truth at the time of the sale there was nothing to hide. So im thinking if the buyer bring this up in court saying i said it ran great..
 
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Old 06-27-2017, 01:57 PM
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If it ran great when when you sold it then you were telling the truth and there's nothing to worry about. What the buyer did afterward is on them. They would have to prove that the problem wasn't due to anything they did and I don't see that happening.
 
  #17  
Old 06-27-2017, 02:08 PM
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I would ask if they used a professional transportation company to load and unload the atv after it was purchased. Did they ask to have a professional look at it before any money was exchanged. Have they attempted any repairs on the atv and if so, are they a certified repair person.

Just for starters.
 
  #18  
Old 06-28-2017, 08:01 AM
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Thanks for the support. I was thinking the same thing, who unloaded it? And they liked it at the time of the sale and took it for a nice test ride.
 
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Old 06-28-2017, 10:59 AM
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Originally Posted by Wodmma
And they liked it at the time of the sale and took it for a nice test ride.
No one forced him to buy it plus he test rode it and then bought it.It's his problem now if something happened. Same principle when buying a used car as is from an individual with no warranty implied. Would you be responsible if the person had a tire blow out or a coolant hose burst on his way home? Nope..
 
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Old 06-28-2017, 11:15 AM
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But cars are different, not that id be chasing the seller if something happened but they are covered under the lemon law. Atvs of all sorts are not, am i right? If i had the slightest clue that there was something wrong witht the atv mechanically, id have that looked at. Just doesnt seem fair that the guy had the atv in his posession for while and then decides to chase after me.. maybe there is really nothing wrong and he had remorse for buying it?
 



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