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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118681
Experience:  Attorney experienced in commercial litigation.
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I purchased a used motorcycle from a guy in s ad he stated

Customer Question

I purchased a used motorcycle from a guy in his ad he stated that the vehicle was running when he parked it after a mechanic inspected the bike I found out that was a lie. I then found out that he was also selling the replacement motor for the bike. I tried to contact him with no reapose. Can I win in small claims court the money to purchase a motor or some of my money back
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year 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.
The purchase of a used vehicle is deemed as is in Ohio. In an as is sale, the OH courts hold that the risk of defect is on the buyer and it is up to the buyer to make reasonable inspection of the item before making the purchase. If you failed to make inspection of the vehicle, then legally you could not win in court I am afraid.
Had you inspected it and it was running but he had intentionally concealed a defect, then you would have cause to win your small claims case. But if you just took it as is and did not bother to inspect prior to purchase, the court has to hold it was your fault on the as is sale.