Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I purchased a used motorcycle from a small independent

Customer Question
dealer. When I showed up...
I purchased a used motorcycle from a small independent dealer. When I showed up to make the deal, they assured me the motorcycle only had 12,900 miles. After I had paid and signed the contract, they informed me that the mileage said 45,000 and that the instrument cluster had been changed due to a wreck but assured me that the actual mileage was 12,900. I immediately asked for my money back and said I no longer wanted to make a deal. They refused. I felt like I was stuck with the motorcycle. The dealership was going to follow me home with the motorcycle on a trailer as I had no insurance and was unable to drive it home. When we left the dealership, they had failed to tie down the motorcycle properly on the trailer and it fell over and broke some of the body work (an estimated 500 dollars to fix). When this happened, they refused to drive me any further as they said they didn't want to be liable for any other damage and left me stranded with the motorcycle and their trailer in a bad neighborhood. I had to spend 225 dollars for a wrecker to bring me home. Now they are bugging me about returning their trailer but they are the ones who told me to take it. They informed me that if I did not return it by 8pm they would report it stolen. I said I didn't steal anything, you told me to take it. And since no one has offered to pay me for the property damage or the wrecker service, I don't feel obligated to return their property. Do I have the right to keep it until they pay me for both things or can I go to jail if I don't return their trailer? As far as I see we had a verbal contract for me to take the trailer, right? And don't verbal contracts hold up in court?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 8 minutes by:
2/17/2016
Consumer Protection Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 41,599
Experience: Attorney,17 years experience in consumer protection areas
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If they gave you the trailer to use, then this is a civil matter and they would have to take it up in civil court to get the trailer back if they wanted to pursue this. This is called "conversion" when someone wrongfully keeps personal property of another person after they request it back.

.

Further, you may have an action against them for fraud and misrepresentation if they didn't disclose the altered mileage prior to the sale. But I can't really see how you wouldn't be able to look at the instrument cluster and read what the mileage was prior to buying it.. So something there doesn't make sense to me..

.

As for the damage, since you went on with the purchase, they are responsible for any damage since they were negligent in not properly securing the bike. So you can get estimates for the cost of any repairs and then sue them in small claims court if they won't pay for them.

.

As for the wrecker, if it was part of the deal that they would transport the bike to your house and they failed to do so, then you can also sue them for the wrecker fees.

.

.

thanks

Barrister

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
Thanks for your response. About the mileage, it was dark outside when we arrived at the dealership so he couldn't really see the odometer that well and no one told us anything until the bill of sale was signed. With the trailer, is there any way I can keep it and title it in my name if they refuse to pay for the repairs to the motorcycle and the wrecker fees?
Consumer Protection Lawyer: Barrister, Lawyer replied 2 years ago

Ok, that makes sense....although it probably would be a good idea to check things like that in the future..

.

With the trailer, is there any way I can keep it and title it in my name if they refuse to pay for the repairs to the motorcycle and the wrecker fees?

.

No, that would be "civil conversion" which is the wrongful keeping of the personal property of another. You can't use "self help" methods to keep their personal property because that puts you in the wrong here too. Your recourse is to sue them in small claims for your damages after you get estimates for the repair costs as well as for wrecker fees if that was part of the deal.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

thanks

Barrister

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
I contacted the dealership today to try and resolve this without going to court. Before we arrived at the dealership, they told me there was 12,800 miles on it. Once we got there I looked at the motorcycle but they didn't give me the key, because they had to go get it because it was at a different location. On the bill of sale, the owner put AS IS NO WARRANTY and then listed 480 TTL fee. When we walked outside after we paid him, they gave me the key and that is when we noticed the mileage discrepancy. I already had paid the money and signed the bill of sale. When I informed him there was no deal because of the mileage, he refused to give me the money back. Then he said just to give him 250 for the tax title license fee and he would give me 30 days warranty on the motorcylce. On my bill of sale, he scratched out AS IS NO WARRANTY and wrote 30 days warranty, but I didnt realize that he only put it on my copy of the bill of sale and not his as well. After this, the damage to the motorcycle occurred when they were transporting it. I have taken the bike to a shop and gotten told that it needs two new tires, chain and sprocket before it will pass an inspection(an estimated 1000 dollars in repairs). This is not including the cost to repair the body that he damaged when he dropped the bike on the trailer and the fee for the wrecker service. If I was to take him to court, would he be responsible for the damage as well as the repairs the dealer said I needed since he wrote on my bill of sale 30 days warranty? Also, isn't it a crime to misrepresent mileage? I have all the messages when I clearly asked him more than once how many miles and each time he told me 12,800. He has also messaged me regarding the trailer saying that he will report it stolen, even though I have all the messages and I only said I didn't have time to bring it to him. I never said anything about keeping it. What would be your advice moving forward? Is there a way to resolve this without going to court?
Consumer Protection Lawyer: Barrister, Lawyer replied 2 years ago

If I was to take him to court, would he be responsible for the damage as well as the repairs the dealer said I needed since he wrote on my bill of sale 30 days warranty?

.

It would depend on whether the bike would function with out the replacement parts or not. Worn tires aren't something mechanical that would be covered by a warranty and are something you would have had to inspect prior to purchasing to determine if they needed replacement so as to factor that into your price. The chain and sprocket probably aren't defects either, they are just worn out.

.

When there is a sale where the seller gives a short warranty, that doesn't mean that they have to replace everything on the bike so you have a new bike. They just have to repair things if they break and are covered under the warranty.

.

Also, isn't it a crime to misrepresent mileage?

.

Yes, it is odometer fraud if they don't disclose this on the title to the bike and to the buyer that the true mileage is inaccurate or unknown.

.

At this point, if you can't resolve it privately, then your only recourse is to file suit under a breach of contract and a damage claim in small claims court. But you will have to eventually give him back his trailer.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks

Barrister

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
to summarize, in your opinion, is it better to try to resolve this out of court or do I have a good chance of winning this case if I decide to pursue it?
Consumer Protection Lawyer: Barrister, Lawyer replied 2 years ago

I think you have a winning case regarding the damage to the bike and the wrecker charges. Whether you can get the whole deal thrown out will depend on whether they disclosed the mileage issue before you signed the paperwork to purchase or after. If they say they did before, and you say after, then it will be up to a judge to determine who is more believable.

.

As for the trailer, you lose there and will have to return it.

.

As for the chain, sprocket and tires, you probably lose there as well as they aren't broken, just worn and in need of replacement.

.

.

thanks

Barrister

Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 41,599
41,599 Satisfied Customers
Experience: Attorney,17 years experience in consumer protection areas

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

41,599 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have a question about a vehicle mechanic lien. California.
hi I have a question about a vehicle mechanic lien … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I was driving my car from Texas to Georgia in May/2017 when
I was driving my car from Texas to Georgia in May/2017 when I had an incident in the highway (My car stopped working). I as towed to El Paso Tx where a Mechanic (who was introduced to me as Dave) insp… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have invested 5500.to Agora. They said I'd ge help
they said I'd ge help investing. I'm 70 yrs old and now they say I need a broker … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently found out my checking account has some
I recently found out my checking account has some transactions that were not initiated by myself. Are there any consumer protection laws that assist me?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I recently locked my keys in my car and needed a locksmith.
I recently locked my keys in my car and needed a locksmith. The company kept me waiting at the location where the car was by calling and saying.. we will be there in 35 minutes, another 15, another 20… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife thought she was co signing a car loan for her
my wife thought she was co signing a car loan for her daughters boyfriend , as it turns out they are co owners . he is not making payments and she has told the bank she would pay as long as she had ca… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,184 satisfied customers
I purchased a used car and it didn't even make it home.the
I purchased a used car and it didn't even make it home.the front brake was making scrapping noise and then froze up when I applied the brake. I had it towed to closest dealership for diagnostic tests.… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
I was wondering how your company works? I have a question
I was wondering how your company works? I have a question about a contract with Home Depot. But I need to understand my responsibilities with you. :) … read more
Ray
Ray
Lawyer
Doctoral Degree
32,587 satisfied customers
What can be done if a credit card company refused to
What can be done if a credit card company refused to investigate any fraudulent transactions and closed my account. I am still paying the charges but no investigation was done. Please assist me.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,587 satisfied customers
I have a question regarding debt. I had a verbal commitment
Hello, I have a question regarding debt. I had a verbal commitment with a collector, to pay $100 per month and made a first payment this morning. I owe about $4,600 to a school, my account is in defau… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
What can be done to the institution that provides inaccurate
What can be done to the institution that provides inaccurate information to the credit beraue. Please Assist me.… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
Toyota of Dallas sold me a Camry they didn't even have the
Toyota of Dallas sold me a Camry they didn't even have the title for. Now they are coming for the car saying I didn't have the right to take the car. I have the paperwork saying otherwise and I have t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have purchased a cell phone and it is locked to
I have purchased a cell phone and it is locked to tracfone.Tracfone refuses to unlock the phone because they said that I have a lon-term contract. … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I would like to know if a motorcycle dealership is required
I would like to know if a motorcycle dealership is required to disclose prior damage to a bike or any repairs that were made to a buyer? Let's say I purchased a bike for 24K that had 9K worth of repai… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
Do you have any info on: GS and GD Business Solutions, LLc.
Do you have any info on: GS and GD Business Solutions, LLc. located in Valley Cottage, NY? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I live in Massachusetts, and I had my Truck repaired at
I live in Massachusetts, and I had my Truck repaired at Nissan but they broke the console in my Truck and they will pay for damage because they say it was caused by how old the truck is. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I recently noticed that United/DC have been taken money from
I recently noticed that United/DC have been taken money from my acct monthl I should not be insured with them … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am looking for a attorney to represent me on a bad faith
Hi, I am looking for a attorney to represent me on a bad faith and breach of contract suit I filed in February. I am looking for tips on how to get one to take my case and what I should do about the f… read more
socrateaser
socrateaser
1,031 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x