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Lemon Law for selling Scooters? |
The guy that I sold a Scooter to actually rode the bike off. Then said that after he went to get something to eat, the bike would not start. Now this is part two to the "I have just sold a Scooter and I need an Opinion" Question. He called me today and said that I should look at the LEMON Law. I told him to shove the Lemon Law because there was nothing wrong with the Scooter. He said that he spoke with his Lawyer, and I told him to place the Paper in my Hands and Take me to Court. What is your take on this? Lemon Laws apply to DEALERS in most jurisdictions. Private sales are accepted in the courts as "AS IS" transactions unless there are specific warranties given, expressed or part of the 'fit for use' standards. Basically, unless you made claims about the bike that were fraudulent and in writing, you are OK. Verbal claims can be cited, but most of the time they are ignored by the courts. Yeah, Jamestown was right about outlawing lawyers. Too bad the Puritans came and said sue your neighbor. Just continue to be ultra polite (don't tell them to shove it and be ultra polite in court too if it comes to that) and as the previous answerer stated - if they rode the bike off and it worked fine and you can prove you did regular/normal maintenance on the bike (and hopefully you have kept receipts), then I would say you have nothing to worry about. Most used items which are sold privately, are sold as is where is. I'm not sure what state you live in but private sales do not usually come with a warranty. Caveat Emptor = Buyer Beware The Song Beverly Warranty Act AKA the Lemon Law does not apply to private party transactions. It only applies to sales with an "Expressed" factory warranty. A lot of states don't have lemon laws for bikes. |
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