I'm just finding it difficult to understand how you could misread such a clear sentence. But hey, it's early in the morning, you get a pass!

5/22/2012 9:13:40 AM

clearly it's because i'm stupid and can't read. that's the most logical conclusion.

i'll also give you a pass on being a shithead since it's early in the morning.

5/22/2012 9:15:20 AM

9/11 was an inside job

5/22/2012 10:46:22 AM

Stay On-Topic - Try to stick with the topic. If you have something important to say that doesn't relate to the topic, then start a new topic. If you have something useless to say, keep it to yourself.

5/22/2012 10:57:53 AM

cool, so hopefully that'll be a lesson to you in trying to be a copy and paste lawyer.

5/22/2012 11:00:05 AM

I already apologized for misreading. I was trying to help. No need to act like a bunch of cockgoblins.

[Edited on May 22, 2012 at 11:04 AM. Reason : what a stupid derail]

5/22/2012 11:04:01 AM

btw, i know a guy in charlotte that has a shop, does cars, bikes, 4 wheelers, whatever

if you end up going that route

5/22/2012 11:05:59 AM

^ pretty sure that's a felony to do all of those things...I read it in an article somewhere

5/22/2012 11:13:09 AM

brick is a registered trademark of coca cola. look it up and change your name before you get in trouble dude.

5/22/2012 1:48:48 PM

^^Citation, please.

5/22/2012 3:23:29 PM

so I had the mechanic look at the bottom end. I was going to just let bygones be bygones and pony up the cash to fix it, but apparently the bottom end is fucked too. guy sold me a totaled bike. definitely going to court now.

5/27/2012 4:29:49 PM

Get on Judge Judy!

5/27/2012 10:21:43 PM

i'm all for you going to court...but the thing worked when you picked it up. that's gonna be hard to fight in court. you'll have to have some sort of expert witness on your side, and that doesn't sound cheap. and also there's the whole "are you really gonna get anything out of him anyway thing." I'd still do it though fwiw.

5/27/2012 11:31:52 PM

yeah I'd say I have a 25% chance of winning this thing. I have him on tape confirming that I called him as soon as I got home and it wasn't running then, though. I'll probably just have the mechanic write an affidavit saying that it's impossible that I could have done that kind of damage, and that the kid probably just loaded it up with ether to get it running, and as soon as it heated up it seized.

5/27/2012 11:34:51 PM

I thought you said he knew for sure that the dude added something to get it running during the checkout period, knowing it would seize later. Without direct evidence/witness testifying to that fact I'm not sure you'll be able to do much.

5/27/2012 11:59:32 PM

I knew because that's what the mechanic said probably happened, and I'm sure he'd write something to that effect for me.

5/28/2012 12:00:41 AM

I'm not sure probably is gonna work for you, but I hope you win all the same.

5/28/2012 12:06:52 AM

this whole situation has been a nightmare. 2,000 for a bike I never even got to ride and it will probably cost at least that to fix it.

5/28/2012 12:30:29 AM

Dude that is awful

Thanks for taking that one off the market

5/28/2012 2:59:23 AM

hope he gets ass-raped in jail

people like him deserve that

(if he did indeed deceptively sell you a lemon)

good luck man!

5/28/2012 6:11:26 AM

Quote :

"hope he gets ass-raped in jail people like him deserve that (if he did indeed deceptively sell you a lemon) good luck man! "

ultimate troll.



OP, for those of us that actually understand the mechanics of a damaged motorcycle engine, care to post some pics and explainations from the mechanic, etc?

5/28/2012 7:32:48 AM

obviously your brain has become a mechanical engine and you have lost the ability to read

(if he did indeed deceptively sell you a lemon)

5/28/2012 7:57:50 AM

my statement stands, your post was outrageous - as is about 99% of them.

5/28/2012 9:35:32 AM

If you are serious about this, you should post all the messages between you and the seller up here, as well as the exact for sale ad, and what kind of dirtbike it is, etc. I do have a couple things to offer though...

First of all, without a second and maybe a 3rd professional opinion stating that the bike was rigged to run temporarily you don't have much to stand on in court. Pre-mixing ether into the gas? You should know that going to "motorcycle college" don't mean shit. All the certifications in the world do not mean a mechanic, ANY mechanic, has any common sense or actual mechanical experience.

Secondly, when you went to see/buy the bike was it in some way other than advertized? Did it not start right up and idle perfectly? If not, then once you handed over the cash and took possession of the used motorcycle you became the legal owner of it and all its problems, whatever they may have been. It has been mentioned already here, caveat emptor (buyer beware)... and obviously it was sold with as is with no warranty or guarantee.

5/28/2012 12:22:49 PM

yeah like I said, I doubt I'll win this but at least I could inconvenience him a bit. I had a friend with me, the guy said it would need nothing and would run strong for months to come. It could go either way in court. I don't have pictures because the bike is in Wilmington, but he said he'd send me pics and a full estimate after the weekend. I may take it to Barnetts Suzuki or something also, but I don't really want to sink much more money into it, especially if the chances of winning are slim

5/28/2012 4:14:08 PM

with all the documentation, witnesses, mechanic testimony etc you say you have, i actually feel like you have a pretty good chance of winning

5/28/2012 4:21:40 PM

When you get it all fixed, it will be as if it is new......you will finally get to ride it......

5/28/2012 7:08:26 PM

The most inconvenience you could ever hope to cause this guy is to post all his info on this message board.

5/30/2012 8:56:32 AM

This guy is the michael glapion of used bike sales.

5/30/2012 9:02:47 AM

^^haha certainly thought about it.

^lol epic times

5/30/2012 6:15:14 PM

More like the Pat Dabney

5/30/2012 9:05:45 PM

Quote :

"once you handed over the cash and took possession of the used motorcycle you became the legal owner of it and all its problems, whatever they may have been. It has been mentioned already here, caveat emptor (buyer beware)... and obviously it was sold with as is with no warranty or guarantee."

this

why do you think you have a 25% chance of winning in court?

5/31/2012 12:11:21 PM

I'll be curious to know what the outcome of this ends up being.

5/31/2012 12:12:55 PM

^^ That's not true.

5/31/2012 12:19:03 PM

^orly

please to educate me. every used car i see for sale on the lot has a window sticker that says in huge font "AS IS, NO WARRANTY". one would think they would not be able to say that if its not true

5/31/2012 12:50:12 PM

there is a difference between a warranty as a product and a warranty as a legal term.

5/31/2012 12:54:44 PM

^point?

5/31/2012 1:01:08 PM

Quote :

"please to educate me. every used car i see for sale on the lot has a window sticker that says in huge font "AS IS, NO WARRANTY". one would think they would not be able to say that if its not true"

But that's it. They can sell you the car, but if they tell you it does certain things or has certain features, and it doesn't, then that is illegal. They can't misrepresent facts (to a certain extent...they can say that a car gives blowjobs, but a reasonable person shouldn't believe that).

It's common sense.

5/31/2012 1:46:14 PM

the main point is:

Quote :

"A contract is binding. Unless the contract specifically says otherwise, you can’t cancel it once you and the dealer have signed it. There is no three-day right to cancel nor any other "cooling off" period. "

http://www.ncdoj.gov/Consumer/Automobiles/Buying-a-Used-Car.aspx

5/31/2012 1:53:29 PM

^ Unless they sell you a lemon. My dad got out of his contract with a POS Toyota sold him a few years ago because they misrepresented the car when selling it to him (said it was a new car and it turned out that it was a used car that had lots of mechanical issues).

5/31/2012 1:58:35 PM

An advertisement is a form of contract. If you say in your advertisement or Craigslist ad that a vehicle has a certain feature or does something, than that vehicle better do something. Oral contracts exist as well. If you tell someone that the dirtbike works...it better fucking work.

5/31/2012 1:58:51 PM

^Don't listen to this guy. It's not like he's a lawyer or anything.

5/31/2012 2:15:59 PM

Quote :

"once you handed over the cash and took possession of the used motorcycle you became the legal owner of it and all its problems, whatever they may have been. It has been mentioned already here, caveat emptor (buyer beware)... and obviously it was sold with as is with no warranty or guarantee."

That's not true.
http://en.wikipedia.org/wiki/Lemon_law

5/31/2012 2:45:41 PM

stack documentation against the guy and i'll bet the guy caves before you ever end up going to court. unless he's totally broke and just doesn't have the money.

5/31/2012 3:10:00 PM

and if all else fails, bring it all back to tww and "us" (not me, i don't get involved in crap like this, though i do sympathize) take care of it

5/31/2012 3:12:50 PM

Quote :

"^ Unless they sell you a lemon. My dad got out of his contract with a POS Toyota"

^^^, ^5. lemon laws do not apply to a used car with no warranty.

my guess as to what happened in this case is the dirt bike had no coolant and it overheated on the test ride

[Edited on May 31, 2012 at 3:19 PM. Reason : a]

5/31/2012 3:16:59 PM

"as is, no warranty" doesn't wipe out things that are discussed as pertinent to the sale. Do you still not get it?

5/31/2012 3:19:07 PM

^if there was odometer fraud or if the contract said the vehicle had not been in a flood and it had then you may be correct. I am failing to see the fraud. the bike ran immediately before being put in the van. what happened after that is not the sellers problem

5/31/2012 3:25:53 PM

actually, it's about to BECOME his problem

5/31/2012 3:27:24 PM

Quote :

"kicks right up and idles and runs perfect""

Runs perfect.

It pretty much runs the exact opposite. That's the problem. If the buyer asks him what condition the bike is in and the seller goes, "it runs," then he might be okay. But "runs perfect" is where he "misrepresents" the product. That's tantamount to the sale. You can't say it runs perfect, have the bike completely shut down after cranking up once because it's a piece of shit that you knew about, and then say "'AS IS' mother fucker...deal with it."

The legal system isn't perfect, but it still doesn't let people do shit like this. Is any of this starting to make sense to you yet? You can't make promises and then hide behind a "no warranty" clause.


[Edited on May 31, 2012 at 3:33 PM. Reason : .]

5/31/2012 3:31:59 PM