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Joseph, Attorney
Category: Business Law
Satisfied Customers: 5299
Experience:  Experience representing parents, teachers, and school districts in a number of education law issues.
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Can Harley Davidson cancel a signed purchase contract between

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Can Harley Davidson cancel a signed purchase contract between buyer (HD) and seller (individual) ? The HD dealer called 2 hours after signing the contract and said come pick up your title and motorcycle, that they are tearing up the contract.
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On what basis did they state that they were canceling the contract? Did they allege that there was some misrepresentation, etc.?

Do you still have a copy of the signed contract?
Customer: replied 2 years ago.

They are saying that there was something wrong with the engine. Yes, we have a copy of the contract.

Hello Dana,

Did they purchase the motorcycle 'as is' from you?

Did you make any representations that the engine was in good working order?
Customer: replied 2 years ago.

The contract says sold as is with no faults. We thought the engine was fine. They NEVER asked about the engine before signing the contract.

Hello Dana,

Since you sold the motorcycle to them 'as is' and didn't make any representations about the functioning of the engine, the dealership has not basis to cancel the contract.

Legally, they owe you the money and cannot cancel the sale, since they bought the motorcycle as is with no express or implied warranties.

As long as you have a copy of the contract, you will be able to prove the sale in court if they try to sue to rescind it.

If they don't deliver you the money as promised, I would suggest that you consult with a local attorney about suing for breach of contract as soon as possible on Monday.

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Customer: replied 2 years ago.

Not sure you got this….the contract reads…the purchaser agrees to purchase this vehicle for the purchase price shown provided the vehicle was found to be as recommended. That before settling for this vehicle checks the serial # XXXXX the vehicle with those on the title, to check the actual condition of the vehicle with it's description and with the recommendation if any that upon making settlement in cash or check consider the transaction full consummated. Does this make a difference?


Hello Dana,

It is vague, honestly. Was there any additional information on it being found 'as recommended.'

What engine issues are they alleging?
Customer: replied 2 years ago.

No additional info about as recommended. They say extensive issues with lower half of engine.

Hello Dana,

Since the motorcycle was still sold 'as is,' the additional language in the contract would almost surely not matter, and would not provide a basis for them to get out of their contractual obligations.
Customer: replied 2 years ago.

Do you still recommend that I get an atty. Monday AM. ?

I would definitely suggest that you consult with a local attorney or local attorneys.

You would only want to hire one you feel comfortable with, who is confident he can obtain the best outcome for you possibly.
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