I really wasn't saying because I took it to a shop it wouldn't blow up. I'm sure it would IF he beat the hell out of it like any four wheeler...You can hold it wide in 1st gear going around a yard...Heh is "uncle" called me today left a voice mail said we better get a hold of him no reason to go to extremes as going to court and he was going to get the state police to go with him to my house. My dad say let him. This guy is seriously ticking me the hell off I regret having to take our guns out of our house for my brothers parole. I now have to make sure my garage is locked and house. This guy doesn't understand I sold it as is, I rode it a week ago for a while ran great, started it up before he came out ran and idled great no smoke nothing, then he came out took it for a ride barely got on the thing like he was scared or something and then jewed me down to 1700. I then 2 and a half hours later (takes a hour to get to his house) saying it blew up and I had to come get it and give him his money back. His wife said he only rode it for 5 minutes I find that hard to believe.

 

Maybe the sportsz guy could lighten up a little, he's only 19. The knuckle head who bought your quad wouldn't have got a warranty guarantee if he bought a used one from a dealer, he certainly doesn't get a warranty guarantee buying from a person. Call your cell phone provider to block his phone number, you could probably get a restraining order for a small filing fee.

You don't owe him anything, as soon as he put the money in your hand the deal was done.

 

I always buy used and had very good luck, but I understand the "As is" clause fully and the risk.

Even the new ATV warranties here are only a short 6 months long and expire while the machine is parked in a shed all winter.

 

If he does take you to small claims court, HE has the burden to prove that you sold him something that was in a condition other than what you were saying. Not sure exactly how he would do that - especially if you can get the guy who did the motor to show up. Assuming you have receipts for the engine work? That would help your case quite a bit. Also, regarding damages, he might be able to recover the purchase price and his costs (travel, court fees) but that is about it. Worst case scenario, you are ordered to give him his money back, plus costs, and you get the quad back.

I recommend not responding to anything this guy has to say. See if he actually does file suit. Good luck.

 

Cavet Emptor.Google it and check it out.Basically means "let the buyer beware".It's up to the buyer to make sure it's what he wants and to make sure it's in the condition that he wants at the time of purchase.He then gives you the money and you give him the product.Done deal.He's on it's own after that.There is no warr on used stuff purchased privately or otherwise unless agreed upon by the buyer and the seller.You owe him nothing!

 

Grim, if you have all of the receipts of the work you had done on the ATV, that would be a good thing in your favor if you go to Court.

Just simmer down and relax. This guy purchased your ATV for $1700.00! Now he's telling you he's got a Lawyer working on this case? Come on, Lawyers aren't cheap.

If there is any appearance in Court chances are it will be in Small Claims. This will more than likely be a he said, he said kind of thing. If you have the original add, and as I said earlier the receipts for the work you paid to have done, and any witness when you sold the ATV.

This guy is mad, but so would just about everyone else if it happened to them. That aside, you provided no warranty when you sold this! The vehicle was used. Apparently the guy never asked a mechanic to check the ATV out before he purchased it. And you didn't know this would happen when you sold it.

The only way I can see your buyer taking you to Court and getting his money back would be if he had a signed bill of sale stating the ATV had a warranty. Which he doesn't according to you. Or if he had a witness that says you knew the engine was messed up, and sold it to a buyer with the intention of Fraud. If this was the case? You'd need to refund the money in principle!

One little item is the Title. You said it was never put into your name? If the title is still in the original owner's name? And your name never appears on this title? This guy will have to litigate against the original owner if this ever goes to a court.

Also, call your service provider of your phone and tell them you are getting harassing phone calls from someone. Usually the phone provider will wave their fee for changing your number. DO NOT talk one word to this person! DO keep all of the intimidating voice mails, emails. DO write any conversation with him that wasn't recorded and spoken person to person down on a pad showing the day, time, month. Keep this in order as a conversation happened. If you ever need this info? You can use it in a Court of Law, but it has to stay in order!

If this guy threatens you in any way? Go directly to the Police so you can start the process to get some kind of protective order against him. The Police will also have a file showing you had concern should anything happen in the future.

Most people when they get upset start trying to intimidate the person with whom they are upset at. Personally it sounds like this dude is really pushing the intimidation factor.

Hopefully some of these help you out? I'm also sure I'm not the first one to suggest some of these, as many have replied to your qriginal question giving some great ideas of their own. I hope what I wrote isn't a repeat of other suggestions? If so, it just proves great minds think alike

Bustamove

 

THat's not exactly true. Just because you didn't have the title put in your name does not mean that you did not legally own the vehicle.

 

Ron, I never said Grim didn't own the ATV! What I said was legally if his name isn't on the title, and this did go to Court (which I doubt) depending on the State Laws, they may go back to the original name on the title. I know they will here where I live is why I brought this up to begin with. After dealing with my State and it's vehicle laws for over 40 years. I can tell you some crazy stories about laws and title work!

 

Untill you see a letter from the lawyer, I'm calling BS on his threats.
He will have to cough up money for a lawyer.
Altho crooked, any smart lawyer would know that this is a loosing case and no money will be awarded.

 

Thats just crazy! I agree that something is not right there.... but after talking to a lawyer and everything else I would think he would end up with more money invested than the cost of the quad..... If it really did blow he could just part it out.