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Joseph
Joseph, Attorney
Category: Business Law
Satisfied Customers: 5036
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.
Submitted: 10 months ago.
Category: Business Law
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

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 10 months ago.

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

Expert:  Joseph replied 10 months ago.
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 10 months 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.

Expert:  Joseph replied 10 months ago.
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.

While JustAnswer experts cannot give specific recommendations, I can give you a few good websites as starting points:

www.lawyers.com

www.avvo.com

www.martindale.com


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 10 months 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?


 

Expert:  Joseph replied 10 months ago.
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 10 months ago.

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

Expert:  Joseph replied 10 months ago.
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 10 months ago.

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

Expert:  Joseph replied 10 months ago.
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.
Joseph, Attorney
Category: Business Law
Satisfied Customers: 5036
Experience: Experience representing parents, teachers, and school districts in a number of education law issues.
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