Fuckin kids bitchin after I sold him the bike

[slaps76]

Probably.

I bet he's just trying to squeeze you for $200 though.

[OreoGaborio]

Yeah, you'd get a letter from his Lawyer w/ the charges... but you won't get shit.

Don't give him a damn thing. Like Chris said, state the bare bones facts... don't take his threats personally. He bought a dirt cheap motorcycle for 500 bucks less than what he SHOULD have paid, it's his first streetbike, he obviously didn't look at the bike before he bought it yet agreed to and signed the Bill of Sale.

Tell him you'd gladly take the bike back if he can find a better deal and you'd happily sell it to a knowledgable member of the sportbiking community for MORE than what he bought it for.

[dhuze]

And after that last e-mail I would not ever acknowledge that punk again . "as is as SEEN"

I would send him this link though

[OreoGaborio]

Originally posted by dhuze
I would send him this link though

... is that NWS? Knowing you I probably shouldn't click it

[Cue Ball]

Dumb question? did he tow it home? If so, did he fuck up tying it down? That would account for the broken plastics

[chr|s sedition]

Originally posted by coolriderdude
Hmm if he sues me .. how would I know ? I get contacted by his lawyer or something right?

before a formal lawsuit is / would be filed, you'd prolly get some kinda demand letter saying do X or a lawsuit might follow...however, if everything is as you say they are, it aint gonna go far.

[coolriderdude]

Originally posted by Cue Ball
Dumb question? did he tow it home? If so, did he fuck up tying it down? That would account for the broken plastics

He put it in the back of his truck, side plastics were off the bike and in his truck cab, so I don't think it was from tying it down.

and once again thanks for the advice everyone .... I think I am going to ignore him till he calls me. hopefully it won't be a call from his lawyer though.

Oh ya and thanks chris, you helped me alot.

[Hardcore]

Originally posted by coolriderdude
Got a reply from him...
"
dont lie u told me i bought 500 doallers worth of new fairings the windscreen in cur on left and right side and where the bike crashed on right side from u the main fairing is rashed matchign the exhuast and tail so dont tell me i rashed them from being in the truck u told me there where newwwwwwwwwwwwwwwwwwwwwww now ur gonna lie to me and try to tell me that i crashed the bike ill see u in court last call on a check or money order for 200 or we go to court and if i win u pay me or if i give bike back u pay for all the new parts this isnt a scam on my end just u lieing to me ?????"

what fucking language is this?

tell this fucking immigrant to get the fuck out of my country!!

[dhuze]

Originally posted by OreoGaborio
... is that NWS? Knowing you I probably shouldn't click it

How could you say that about me?

If you moved your mouse across it and looked at the lower left of your screen it tells you where links go.

[Rye]

Originally posted by coolriderdude
thanks man, I'm about to reply to his email and just rip his head off .... I know it seems childish but should I tell my parents about this ? (I'm 20 years old by the way , not some kid anymore )

I would not communicate at all with him now. It's his step to hire the lawyer and start playing the game. Just start gathering all correspondences and paperwork.

[benVFR]

Unless the kid is spoiled rotten with wealthy parents you are NOT going to be contacted by a lawyer.

If he is tight enough on money to want to fight you for $200 he is going to call a lawyer, find out how much the lawyer charges per hour, and that's going to be the end of it.

[OreoGaborio]

Originally posted by dhuze
How could you say that about me?

If you moved your mouse across it and looked at the lower left of your screen it tells you where links go.

yeah i did that.... didn't then "M-W" stood for "Merriam Webster"... I was thinkin it was some kinda "man to woman" transgender thing since that's more your style

[beet]

Originally posted by coolriderdude
well , as some of you know my sv is gone and I sold it to some kid who said he had dirt racing experience before ... Anyways, he calls me the next day and says " oh the fairings and windscreen are broken! , you lied to me! and the fairing stay is bent!"

WTF ... they weren't broken they were in his fuckin hands, he checked them out and it was clear as day that they weren't broken. The fairing stay is new too...
i think this kid took the bike and crashed it and is now trying to get me for some money. He says he wants 200 to split the fairing and windsheild costs or he'll bring the bike back with the broken fairings and I pay him 350 for him welding the hole in the frame back .... WTF is up with this kid ... I don't know what to do ....


Fucking kid pisses me off , heres his email


"WELL ITS JUST SHITTY I THINK U GOT E FOR THE EXTRA HUNDRED WHEN I GOT TO UR HOUSE U TELL ME OH I GOT 500 IN NEW FAIRINGS WHICH WAS A LIE ALONG WITH WINDSCREEN U TOLD ME THE STAY BRACKET WAS STREGHT IT WASENT AND TODAY I WENT OUT BOUGHT NEW BATTERY AND TUNE UP THEN SCRUBBED THE PAINT OFF THEN WENT TO THE TRUCK TO GET Y NEW FAIRING TO PUT ON AND WAS SO BUMMED OUT SO I CAN OFFER U TWO THING U SEND ME 2OO TO SPLIT THE COST TO REPLACE THAT THAT FAIRING AND WINDSCREEN AND WE CAN BE ALL SET OR I CAN BRING IT BACK ALL SWEET AND U CAN PAY ME THE 350 FOR WORK I DID AND REPLACENT STAY AND BATTERY PLUGS AND TIME ALONG WITH THE FRAME WELDED AT LOCAL SHOP I THINK THE 200 IS FAIR I HOPE WE CAN SETTLE THIS OUT OF COURT JUSTICE ILL BE WAITING FOR UR RESPOUND AND ILL GIVE U MY ADDRESS FOR FAIR AND EASY SETTLENT "



I don't know what to do .... fuckin kids ridiculous, i knew soemthing was fucking up when he told me not to sign the title over to his name or date it ...

tell him 2 sux it

[Stoneman]

I only read the first coupla posts, so forgive me if I'm repeating what others have said...

It's pretty simple, really. Both you & him signed the bill of sale that covers any implied or expressed garauntees or warrantees, to which there were NONE. In short, you sold him a bike 'as seen, as is' with NO warranty or garauntee. He agreed to those terms as is evidence by his signature. You're in the clear...

It SOUNDS as if you were MORE than forthcoming with him in regards to the condition of the bike. And it SOUNDS to me as if he was careful in reviewing the damages before actually making the purchase...

It sounds as if one of two things happened after he took LEGAL ownership:

1) He was trying to hotdog for his friends and wadded the thing on snow or ice...

2) It simply fell over either while he was towing it or unloading it...

None the less, you need not worry yourself with any courts. He doesn't have a pot to piss in. He's trying to tag you for his stupidity...

Besides, isn't this the bike you ONLY got $1800 for? That makes his claims even more laughable...

[bigred875]

Originally posted by chr|s sedition
in theory, he may have something to stand on...but i doubt it would work here. basically, you can't disclaim your own fruad, nondisclourse, or misrepresentation. (NOTE I am ONLY making a comment about a legal theory, and am not in anyway insinuating that anyone has committed any kinda of crime)

example: I am selling my house. I know it has a serious termite problem. people come to look at the house, and ask questions about it, but never ask about termites. I dont tell them. I sell them the house 'as is'. they later find out, and sue. the fact that I sold them the house "as is" will not disclaim the fact that i failed to reveal a material fact that a reasonable person would most liley want to consdier for the purchase of the house.

in that case the buyer is responsible there too...thats why you have home inspections...my friend jsut went through this with a house...except it was with the heating....i would have expected the home owners to be responsible but they werent because it passed the home inspection

in this case it is even easier....no judge is going give this guy anything...he knowingly bought a crashed bike "as is" and signed a BOS...dunno...thats how i see it but i'm now lawyer....

[bigred875]

Originally posted by LuvDog
Tell him to pound sand... he bought a used bike.

a used crashed bike "as is" with a hole in the frame and signed a bill of sale saying the bike was to be used for parts etc.....he is just trying to bully you...

[bigred875]

Originally posted by chr|s sedition
a bit of advice, if you are to have any other communicatins with him, DO NOT make assumptioms / accusations like above. did it happen that way? prolly. but if you assume and accuse without fact to back it up, it is nothing but mere speculation and makes it appear as if you *might* be trying to cover something, and it might piss him off becuase your actully correct . just stick with the facts; "it was fine when it left my possession, and i have no way of commenting on what happened to it thereafter becuase it was out of my hands.

just the facts.....that email was way to wordy imo

[richw]

I never let them know where I live

I say my house is way to hard to find and meet the little sh*ts at a nearby parking lot. and use my work phone number

Yeh Yeh on the title but I the yutes catch this or make copies.


Also for some reason inner city kids think they can renegotiate when they are picking it up. "Man I know it was 2800 but all I could raise was 2500" response ...good bye and I am keeping your deposit unless you get all the moneyl within the next 3 days.

It coming up cause my 97 Yamaha 1000 is being sold the next nice weekend.

[rjh200]

On top of the signed bill of sale and everything else you have going for you. THERE IS NOT LEMON LAW on Motorcycles in MA.

He has nothing. Let him go pay a lawyer and waste his time and money.

[JeffL]

I wouldnt take it back, the chances the kid looped it in his driveway and smashed it up are probably pretty good.

[chr|s sedition]

Originally posted by bigred875
in that case the buyer is responsible there too...thats why you have home inspections...my friend jsut went through this with a house..

not quite. see Hill v. Jones 151 Ariz. 81, 725 P.2d. 1115 (1986)

that was the case I based the anology off (seller omited facts about past termite infestation, was held in violation of good faith dealing). Perhaps the facts of your friends situation was different from the one I summarized, but I assume the underlaying issue are similar: you cant discalim your own fraud, nondisclosure, misrepresentation, etc via an "as is" cause. also see restament 2nd of contracs section 161 - 164.

[skiierx]

Originally posted by chr|s sedition
not quite. see Hill v. Jones 151 Ariz. 81, 725 P.2d. 1115 (1986)

that was the case I based the anology off (seller omited facts about past termite infestation, was held in violation of good faith dealing). Perhaps the facts of your friends situation was different from the one I summarized, but I assume the underlaying issue are similar: you cant discalim your own fraud, nondisclosure, misrepresentation, etc via an "as is" cause. also see restament 2nd of contracs section 161 - 164.

Chris is right on the house sale issue. If the seller knows of anything negative then they have to disclose that information. Example used all the time is that there is going to be a cell tower put up 100 yards away from the house but construction has not begun. If the seller tells no one but knew it to be fact then he is at fault and liable. He can be sued for non disclosure or whatever the legal jargon is.

In the case of the bike sale, it seems that the way you sold it (as is parts bike) you protected yourself. I think the key here is parts bike. If he was to try and sue you, then you just print out the blue book value, show it to the judge, then tell him the bike had been wrecked previously and it was good for parts. I do think you would have any issues.

And listen to everyone when they say do not correspond with this jackass again. If you do speak to him again tell him to have his attorney contact you and your attorney. Expect a bluff attorney call too...someone on this board made a call a few times acting like an attorney to help a fellow motorcyclist!

[bigred875]

the seller knows of anything negative then they have to disclose that information.

thats the key right there..if there is a paper trail like past infestation and treatment then i would agree....the problem is if a homeowner knows there is a problem and doesnt do anything about it...then crosses his fingers during the home inspection and they find nothing...a month later the furnace goes and 2 main water pipes are rusted they wash their hands of it.... the home inspection sheet stated that regular scheduled maintainence is required... the seller is home free... this just happened to my friend...he tried to get a lawyer and no one would touch it....ended up costing him over 6k

[Awesome]

God hell! I think I see the pattern! This one sounds like real trouble! You're going to need plenty of legal advice before this thing is over. As your attorney I must advise you that you'll need a very fast car with no top and after that, the cocaine. And then the tape recorder, for special music, and some Acapulco shirts...


This blows my weekend, because naturally I'll have to go with you -- and we'll have to arm ourselves.

[MissTwisties]

Sounds like Miami Vice...