Sold 400ex person got home it supposedly blew up and now he wants to sue.
#21
you don't have to show any work you've done to it- it's irrelevant.
also- it's a very simple small claim- it'll be heard by a magistrate for a mediation hearing (you'll both state your case) before it ever goes in front of a judge- and it won't make it that far.
Just about every state I've read up on follows the "buyer beware" rule of thumb for ATV's- which are not covered by any "lemon law".
The lack of a bill of sale only hurts him.
If it goes in front of a magistrate- you might need proof you bought it from the person on the title to show you had right to sell it in the first place- but if the vin was never reported as being stolen, I don't think it'll even matter.
here in mass- there's zero recorse for buying an atv (even from a dealer) if it breaks as soon as it leaves the parking lot (even if it's spank'in new)- all atv's are exempt from any warranty laws because of the nature on how they are used.
I wouldn't lose any sleep over it. Logic is on your side.
The court will ask the buyer if he test drove it and if it ran when he bought it...
if he says "no" - then the court will ask why he bought a broken atv for $1700?
if he says "yes" - then he indirectly admits to breaking it while he was riding it....
tell the guy to "go pound sand" and you'll see him in court- then don't answer any of his calls.... and if he calls again, spend the $35 to have a sheriff serve him with a "trespass warrant" which will demand he not have any contact with you or he'll be held in contemp of court. It's a very easy & quick process. I've been there a few times.
last year I sold a yamaha waverunner 1200 to a kid- I took him to the lake and let him ride it for 30 minutes. Thing was mint.
3 days later (friday) he pulls into my driveway at 9pm after driving 65 miles to my house and demands his money back- saying the motor blew.
I told him to get the fock off my property- he called the cops (big mistake)
cop then says- "you bought this 3 days ago?"
kid says "yes"
cop "so you own this jetski?"
kid "yes, I paid him $3500 for it"
cop "you towed this here on the previous owners reg- so it's an unreg'd / uninsured trailer"
then he called a flatbed to impound the ski and cited the kid $125 for towing it on the road under my name.
kid left with no ski and a fine + $75 for every day it sat in the impound lot- which wasn't open until monday morning- and he had to reg the trailer before he could pick it up!!!!
he was screaming all the way down the road about how he was going to sue me
never happened.
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