Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I bought a used 2011 motorcycle like new with only 450 miles on it.$6000 The guy was from MD and I'm in PA. We met at the 1/2 point still in MD. The bike was hard to start but he told me it always started good and that the battery must be low, we jumped it and it ran fine for my test ride. After getting home the hard starting got worse and I contacted the manufacturer and they said take it to my local dealer to have it repaired under warranty. The warranty was denied because it was not a manufacturer defect, someone had installed an oil screen incorrect and ruined the engine. I contacted the previous owner and he said he had it at his local dealer who repaired a leaky seal, that dealer had the engine apart and was the only time the oil screen would have been removed. I cant sue the dealer who messed the engine up, can I sue the previuos owner and in what state and locality. Should I file charges in PA wher I live, or in MD where he lives or at the 1/2 point where we met to make the deal?
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
here are a couple messages on a motorcycle forum from the previous owner before I bought the bike, I found this a few months after the purchase, would this be enough evidence he knew about the problem?
ust had this happen to me this morning.
Bike has 400 miles, it now has a different exhaust note and does have a pop when starting the bike.
Sadly this is enought for me and this will be my last european motorcycle.
Will call Shane and motorcycle factory have him fix it and trade it in.
Wish i could say is been fun. But it hasnt.
papi4baby, Jun 3, 2012 House Keeping
I knew i was going to get some flak.
Is not like is been fun and games.
As soons as i brought it home she was leaking from the sproket counter shaft. With 0 miles. Took almost 2 months to get the part an approval from Husky. Didnt get to ride last year because of that. Once it got fix i was happy ajd wrote it off as something that could had happen to any bike.
Fast foward and i start to ride thr bike and now this.
I could understand if the bike was old or had a bunch of miles. But it does not.
I am just not willing to take more chances. With the luck i have had with this bike it would break in the middle of nowhere.
Is not about turning wrenches. I was a mechanic for 7 years, no stranger to oil ajd tools. But once again this is a nee bike. Reallity is that QC and some engineering on this bike are crap.
Is not the exhaust note why i am trafing it, something is wrong internally now. Who knows how long till it gets fix. I want to ride my bikes not have them torn down half the time.
papi4baby, Jun 4, 2012 House Keeping
the judge did not accept his comments on the motorcycle forum as proof and the judge told me the implied warranties only applied to purchases from a business
I lost my small claims case!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).