My question is we had a Kawasaki Dirt Bike. (is what we were told it was when we bought it) Well we sold it on craigslist. I advertised it as a Kawasaki Dirt Bike and someone bought it. They came to our home. Looked at the bike even road it and then paid for it. Well they are saying they ran the vin number and its no a Kawasaki Which we bought it off a used car lot and took it to a store that sells them and were told differently. They say they are taking us to civil court because they want there money back now. We still believe its a kawasaki bike and that they had every chance to say differently to us its not like we shipped it to them. So what am I asking is are we in the wrong? or what?
Depending on where you live, what Country, and how much you were paid for the bike. If you are taken to court it will most likely be small claims court.
I'm not a lawyer, but getting a case into small claims court, also known as the Peoples Court, is very simple. You write out a reason, pay a filing fee and you get a court date. That doesn't mean the person suing you will automatically get a judgement against you. The Plaintiff has to prove to the judges satisfaction they have been wronged by you.
In your case you bought the bike from a dealer who I assume titled the bike as a Kawasaki. You bought the bike in good faith from that dealer. You in turn sold the bike in good faith as you had purchased it. You allowed a thorough examination of the bike by the purchaser. This is truly a case of buyer beware, even though you may not have done anything wrong. The wrong may have been done to you by the dealer you purchased from.
I would say that if the titling documents, which to my mind are legal documents, say the bike is a Kawasaki then the person you sold it to would not prevail in court. If in all other respects the bike was as is when you sold it to him he has no case.
If you are sued request, from the court, that the buyer be served with a subpoena requiring him to bring the titling documents to court, the ones you must have signed off on in the transfer of title to him.
MummuM answered Wednesday August 10 2011, 10:06 am: I really don't think some one can take you to court for that (however, it might be different in the States?)
We have something like Craigslist, but it is called Kijiji; it is very similar. When you buy something it is your responsibly to make sure it is something you want to buy, isn't broken, stolen, etc. The person came to your house, they looked at the bike and even road on it! I honestly don't think the courts are going to do much, even if he'll make it to court in the first place. They'll probably just tell him that it was up to him to do his research before buying a product off of someone. Courts aren't babysitters, they're there for serious stuff. [ MummuM's advice column | Ask MummuM A Question ]
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