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Sold 400ex person got home it supposedly blew up and now he wants to sue.

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Sold 400ex person got home it supposedly blew up and now he wants to sue.

Old 02-03-2012, 05:31 PM
Weekend Warrior
Thread Starter
Join Date: Feb 2012
Posts: 6
Default Sold 400ex person got home it supposedly blew up and now he wants to sue.

Hello I sold a ATV today a 2001 Honda TRX400ex and the guy gave me cash I gave him the title. The title was not in my name I gave it to him but forgot to do the bill of sale. man do I regret that The guy says he got home put gas in it and took it around the yard and it blew up. It was running great when he took it and he says because I didn't say as-is hes taking me to court. I told him it needed 93 octane plus gas in to to run right he said he only uses 93 octane. Here's the ad if it helps For sale is a 2001 400ex bored .40 over with only 15-25 hours on it since a complete rebuild by Russ Dixon Racing including:
*Crank Bearings

*Connecting Rod

*Rod Bearings

*Piston and Rings

*Newer Valves

*Valve Seals

*Cam Chain

*Cam Chain Guides

*Cam Gears

*5th Gear Replaced (It was chipped)

It was completey tore down cleaned and inspected; everything that needed replaced was and it totalled out to be $1200 including labor.
It also has a stage two hot cam so it must run on 93 octane or higher.

Aftermarket Parts I've put on in the year and a half I've had it are as fallows:

*A-Arm Bushings ($145)

*Steering Stem Bushing and Bearing ($30)

*Swingarm Bushings and Bolt ($250 with the labor)

*Rear Carrier with Bearings ($90)

*Front Wheel Bearings ($20)

*Chain and sprockets (old stock one was put on for break in and is still on I have a 1 tooth higher one thats almost new)

*New Barnett Dirt Digger Clutch Kit ($125)

*G-force Axle and G-force Extended Hubs ($185 for axle;$105 for hubs)

*Newer Front Plastics ($185 but the tabs that go into side plastic broke off on one side)

*BMC Duel Induction Filter ($60)

*Pro Design Pre Filter ($20)

*ITP Mudlite SP Tires which are about 60% tread now ($365)

*Newer Rear Brakes and I have New Front ones to put on ($40)

*Shock Covers ($40)

*New Battery

This 400ex needs nothing! Basically this 400ex is in the best mechanical condition it can be in; it needs nothing I can think of besides a new owner. If it needed something replaced I made sure to buy aftermarket to make sure it wasn't going to need replaced again for awhile.
I guarantee half all the 400exs on here you will have to put money into them and you have no way of knowing if the motor was raced or abused.

This thing is fast and actually keeps up to my Polaris Outlaw 525. I want to sell it because I don't ride it anymore because I have a Outlaw and I want to buy a car.

I basically have $3000 into it but I know I'm not going to get that and that price wasn't even including the $1400 I spent for it to begin with. So please no low ballers you and I both know whats into it. My loss is your gain.

I want $2100 OBO. No trades
Please Email me on here or text me at 814-xxx-xxxx.

I put a lot of money into making it mechanically sound I've been trying to ignore his calls and text messages which have been blowing up my cell phone. The guy has my address but he doesn't have my name I'm sure it would be easy to get from my address I need to know can this guy really sue me and win this case?? He lives a hour away and told me I'd better come up there and get it and give him his money back. I can understand why he would be mad if it did in fact blow up but I can't guarantee something like that. Sorta like when I had a mechanic rebuild it before and it blew up because there was supposedly a shop rag in the motor. He said I can't guarantee a atv. PLEASE give me some advice. I'm 19 and I live in Pennsylvania.
Old 02-03-2012, 05:56 PM
mudslinger2's Avatar
I haven't been stuck since the last time!
Join Date: Oct 2009
Location: Ohio
Posts: 481
Default As-is

I thought that everything sold used was sold as-is whether it was stated or not! If he wanted a warranty he should have bought new!!
Old 02-03-2012, 06:08 PM
Weekend Warrior
Thread Starter
Join Date: Feb 2012
Posts: 6

Ok good thats what I thought. I seriously was so pissed when he called and said all that stuff. I swear he has to be a scam artist. I put like 3000 into the thing had the best guy around here redo the entire motor and I can not believe it blew up. It was the best running 400ex I've ever rode T.T Well I have 1700 cash in my wallet right now. Too bad for him thats what happens when your cheap and only give someone 1700 instead of the 1900 I wanted Let him come down to my house and try to get his money back...maybe try to fight me then I'll be able to try that new law out the castle doctrine where if he threatens me...BOOM HEADSHOT
Old 02-03-2012, 06:14 PM
Range Rover
Join Date: Nov 2007
Posts: 178

There's no way to guarantee an used ATV, regardless of condition. There's also nothing saying he didn't get home and his wife chewed his butt up one side and down the other for buying a toy he didn't need, so he backed it off trailer and held the throttle wide open till it popped, or who knows what he did to it, riding style, gas, oil, etc. I'd rather doubt any court would find you liable, there are just too many variables, unless he comes up with a list of reliable witnesses who were there when the motor went.
Old 02-03-2012, 06:40 PM
Weekend Warrior
Thread Starter
Join Date: Feb 2012
Posts: 6

He had his wife call me and say"I'm his wife I like to believe I'm a honest person I watched him put gas in it go around the yard and it blew up" heh then his "friend" was texting me saying oh you need to pay him back ETC ETC. Like seriously WTH?!? ok now I'm going to type his text messages word for word.
The quad just died! come get it now and bring my money!!!! call me

im serious!!! i am not driving it back up there
(then he called I let my dad talk to him)
You son and I had an agreement... come get it. (He said well if it blows up I'm bringing it back and getting my money back or within the month or something and I was yea whatever (I didn't agree to that ****)
then he preceded to text please call me like 50 times

i didn't sing anything saying buy as is
you will be getting a letter from my lawyer i have the ad copied and pasted. I have billy dixon supenoned to go to court

nice sob story you gave me about buying a car you will be paying my wages, lawer fees, and court costs!

see you in court!

then I replied

What you think you can sue me because you saw no as in in the ad you are a messed up individual I had 1200 into that 400exs motor in march, I had like 25 hours on it and even rode it when it was 105 out f or like 120 miles no problem it was running fine when you rode I even took it for a ride like a week ago no problems. You must of put some really shitty gas in it and enver warmed it up or held it wide for 5 minutes. Im no scam artist I wasn't lying about selling it for a car. Now stop blowing up my phone you can go ahead and try to sue me. Ijust c ant believe you could blow it up when it was fine for all the riding I did it was fine. I just know your trying to **** me all my friends know it was 100 percent fine. You can call Russ Dixon if you want. I'm not paying for something you did

are you serious yep my lawer is filing papers as we speak. I will see you in court!

oh and I make good money! plus gas.
so you do the math!

that 17 is gonna be like more 5 when I'm done

I'm done! I gave you a chance to come get it and give me my money you screwed over the wrong guy!

its a four stroke dumb *** (this was random as **** ???)

see ya in court! end of story

then I was like

pfft you purposely blew it up it was running like a brand new quad I can't belive my luck the first guy that comes out is some weirdo con artist that thinks he can blow up a quad that was used as in as is then sue me just to attempt to make a buck. JESUS whats wrong with people. IM DONE.

thats about it as of right now
Old 02-03-2012, 07:21 PM
Pro Rider
Join Date: Feb 2011
Posts: 252

Not sure what state you live in, but the first thing you need to do is keep every text he sends and record any voice mails he leaves. But most of all to NOT talk to him or any one else that he has contact you, except an attorney. Trust me on this one.
Old 02-03-2012, 08:32 PM
Weekend Warrior
Thread Starter
Join Date: Feb 2012
Posts: 6

Ok I replied to him twice saying how he was wrong thats about it.(what I posted) I won't let him get to me anymore I'll save his text messages and stuff if he does indeed take me to court so be it. I'm having the guy that did the rebuild get me the receipt to it. I live in Pennsylvania. I've always thought you sell a quad it is as is if you blow it up its your fault. I HAVE GREAT LUCK =S and TBH I took 1700 because I knew the ad did look way better the pictures I had for some reason looked way better then it actually did but still I had alot of money in it. I think he probably got back his wife was like that thing doesn't look near as good as it did in the ad I can't believe you bought that for that much or something so he blew it up on purpose and is trying to get his money back plus some to get his wife from killing him.
Old 02-03-2012, 08:39 PM
Pro Rider
Join Date: Feb 2011
Posts: 252

That is the way its supposed to be AS-IS but lawyers are crooked. I mean really you can be sued for nothing. It happens. If he continues to call and harass you, you need to file a complaint with you local PD.
Old 02-03-2012, 08:42 PM
Weekend Warrior
Thread Starter
Join Date: Feb 2012
Posts: 6

Alright will do he hasn't texted me for a few hours maybe it went out and it started up.....or maybe his lawyer advised him actually that he wouldn't win the case or maybe to not contact me. IDK I think he was just trying to scare me so I'll be like ok wells here 500 for your troubles...when it still runs or he has the parts to fix it.
Old 02-03-2012, 09:13 PM
Join Date: Aug 2009
Posts: 621

sounds like two babies fighting. so because a shop did your motor work you think its guaranteed to never blow up? you both sound like idiots after reading those immature messages

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