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Sold a motorcycle privately, buyer wants to sue?

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rilbrianne


Arresto Menor

My husband and I bought a motorcycle from a friend who told us that it needed a new battery, vacuum hoses and chain. We did not have a title for it, were waiting for the friend to find it but he couldn't find it. We had it for a few months (during the winter) and decided we would never get around to working on it (my husband doesn't know much about motorcycles) so we put it on craigslist for sale.

Someone emailed, we told her that it needed the parts, that they would need to file for a lost title, and that we had never ridden it. We did start it up for them when they came to look at it. They did not drive it because we didn't think it would drive without the parts that it needed.

I wrote them a receipt w/o putting "AS IS" - which I didn't think to do until now - but I put my name and driver's license number on it to show in good faith that the bike wasn't stolen. I told her to call if she had any problems getting the title.

A few weeks later, she calls furious because it won't run correctly and that they wanted their money back but we said "no, you bought it. We advised you that it needed work and that we hadn't driven it before."

A few months have passed, they emailed out of the blue saying that they put the parts on, took it to a professional place and were told that they had gotten ripped off because the motor was blown and it had numerous other things wrong with it. They threatened to take us to court because we didnt put "AS IS" on the receipt.

Can they sue us? We sold it to them after advising them of the issues we knew about. I didn't know I had to put "as is" on the receipt. What do I do? Please Help!

attybutterbean


moderator

Based on your story, you are not from the Philippines. I am not aware of the laws in your country especially the legal implication of not indicating “As Is” in the receipt.

By indicating “As Is” in the receipt, the buyer is made aware that the item is being sold in the present physical condition it is found. However, the absence of “As Is” in the receipt is not conclusive proof that the defects of the item sold were not disclosed to the buyer. Other evidence may be presented, like your testimony, testimony of other persons, email correspondence, etc. etc., to establish that you have advised the buyer of the defects or possible defects of the bike prior to the sale. Based on your story, it is my opinion that you have sold the bike in good faith as you have actually advised the buyer of the possible defects of the bike and you even mentioned that you have yet to test it. Therefore, you have a legitimate defense if the buyer decides to file legal action against you,

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