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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was going to purchase a motorcycle from an individual. I

Customer Question

I was going to purchase a motorcycle from an individual. I test drove it and everything was good and I returned once I got my finances in order. When I came to finalize the purchase it wouldn't run. However, I only discovered this unloading it from the trailer after we had gone upstairs and exchanged paperwork and the title and money...
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

This is a difficult situation. It appears that the seller is making a good faith effort to make good on this deal.

If you cancel the contract at this point the seller can pursue you for breach of contract.

If you no longer want to purchase the bike, contact the seller and see if you can negotiate a mutual release.

If you are willing to purchase the contract, but you want to confirm the bike's mechanical status, ask to have the bike inspected by a mechanic of your choosing (or speak to the mechanic that did the repairs yourself).

If the seller is taking an unduly long time to get the repairs performed (one week is not an unreasonably long period of time, but if the delay stretches out for a month or more, then you can start complaining that they are engaged in unfair contractual behavior, and a basis to void the contract).

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I am posting your follow up question here so that you are not charged twice:

were you able to read the second half of the story, or the whole story I guess, where he returned my check to me and currently he has the bike and the title?

Yes, I was, but as I understand it, you still entered a contract to purchase the bike. If this is not the case, and you already have negotiated a release that would lead to a different result, but as I understood your question, the seller went and got repairs made in reliance on your purchase of the bike, this is going to make it difficult for you to unilaterally terminate the contract (you being permitted to keep the check is more likely going to be viewed as security for return of the bike.

Customer: replied 1 year ago.
The repairs haven't been made. The bike is currently sitting. And im not sure if it is worth mentioning, but he said he left it out in the rain during a week of storms and rain here, and I was under the impression it was covered in the time I came to test drive it and then pick it up
Expert:  CalAttorney2 replied 1 year ago.

You can try working out a resolution with the seller. If you cannot reach one mutually, contact your local bar association and ask for referrals to mediators - a third party neutral can help two parties reach a mutually agreeable resolution when they are at an impasse.

Nothing you have stated thus far gives you a clear basis to terminate the sales agreement (meaning if you went to court and argued that you no longer have to buy the bike, the court would agree with you), but you can of course negotiate one.