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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117369
Experience:  Attorney experienced in commercial litigation.
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My fiancee has a 2001 Harley. He wants to sell of. We found

Customer Question

My fiancee has a 2001 Harley. He wants to sell of. We found a buyer who is the owner of a flooring company (a typical salesman.) We need our back partio tiled so he took a look and gave us an estimate when he came to look at the bike. We've never had any problems with the bike. It ran perfectly when he came to see it. We made an agreement of 6000, and once he gave us the money...we gave him 500$ down to do our floor. After signing the papers, notarizing, and putting the title in his name, the bike won't start. We have had several ppl look at it, and bought the part that needs fixed. What can we legally do? Do we have to fix it?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, a sale of a used item is an as is sale. The courts hold that the buyer in an as is sale is the one liable for any hidden defects unless the seller knew at the time of the sale and misrepresented the item, which you did not do if it started when he saw it. The courts use the term "caveat emptor" when dealing with these sales, meaning "buyer beware." You are not liable to fix the bike, you were not even liable to buy the part, which you did. Legally he cannot cancel the sale or come after you for repairs and as a salesman he knows that, but since he is doing work on your tile, you may want to consider offering the part to him and tell him he has to pay the repair bill to install the part as you did not even legally have to do as much as you did.