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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118708
Experience:  Attorney experienced in commercial litigation.
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I bought a used 2011 motorcycle like new with only 450 miles

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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?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, under the law in MD and in PA, the purchase of a used item is considered as is unless you received a written warranty to the contrary from the seller. On an as is sale the courts hold that it is up to the buyer to beware (Caveat Emptor) and thus any defect would be the responsibility of the buyer.

There are some limited exemptions called implied warranties. First, the implied warranty of merchantability states that if you prove the seller knew or should have known of this damage and that it made the bike unfit to drive, then you can seek to rescind on this sale. Second, the implied warranty of good faith, which also requires that you prove he knew of the damage and failed to disclose or intentionally concealed it when you asked.

If you have proof he knew of this defect when he sold the bike to you, then you have to sue him in MD, where the sale took place and also where he resides.

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.

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Customer: replied 4 years ago.

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

Thank you for your response.

If he did not disclose any of that information to you, that would certainly be proof he knew and as such breached the implied warranties. You would have to sue in MD which is where the sale occurred and also where he lives to get personal jurisdiction over him and you have to sue in the county where he resides.
Law Educator, Esq. and 3 other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

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!

Thank you for your response.

You have the right to file an appeal of the small claims case and take the case to the superior court. That is your next step.