I sold a used but running motorcycle engine on ebay. The buyer came to my house to pick the engine up, he was so excited about the engine and said he wanted the engine asap so he could install it himself and go riding that weekend. He inspected the engine and the other parts before completing the cash transaction. Thanked us and asked us to call him if we had other parts.
45 days later, the buyer contacts me and says that I
1. sold him the wrong engine and
2. that I sold him a blown engine.
He states that he could not install the engine right away because it was a fuel injected engine not a carburated engine as my listing described. It was definetly a carburated engine, it had a carburator right on the engine!
He states that he had a shop install the engine because he broke his vertibrea (30 days later) He said that before it was installed, the shop changed the oil and a quart of water was in the oil. Would you install an engine if water was in oil? Then he states that after installation the engine started and seized after 30 seconds. So 45 days later he contacts me and says that I sold him a blown engine and wants a refund, $600.
I am not willing to give a refund for the simple fact that
1.he inspected the engine before buying it and if in fact it was the wrong engine why would he still buy it.
2. He stated he was installing it that weekend to go riding.
3. Contacts me 45 days later to say the engine is blown. I know the engine was in good shape when I sold it and I am guessing he installed it as planned right away, and his negligence blew the engine.
What defense do I have in court since he says he is taking me to court and he will ask for reimbursement for a lawyer, and all the cost associated with the bike?
Is court held in my county or his? Municipal court or county court?
Do I have a defense? There was no bill of sale, no warranty offered, and no proof that the damage to the engine was his negligence or not since it took him 45 days to contact me, he inspected engine and parts before paying. And now he has left slanderous feedback on ebay for me. What options do I have and does he have a winning case?
45 days later, the buyer contacts me and says that I
1. sold him the wrong engine and
2. that I sold him a blown engine.
He states that he could not install the engine right away because it was a fuel injected engine not a carburated engine as my listing described. It was definetly a carburated engine, it had a carburator right on the engine!
He states that he had a shop install the engine because he broke his vertibrea (30 days later) He said that before it was installed, the shop changed the oil and a quart of water was in the oil. Would you install an engine if water was in oil? Then he states that after installation the engine started and seized after 30 seconds. So 45 days later he contacts me and says that I sold him a blown engine and wants a refund, $600.
I am not willing to give a refund for the simple fact that
1.he inspected the engine before buying it and if in fact it was the wrong engine why would he still buy it.
2. He stated he was installing it that weekend to go riding.
3. Contacts me 45 days later to say the engine is blown. I know the engine was in good shape when I sold it and I am guessing he installed it as planned right away, and his negligence blew the engine.
What defense do I have in court since he says he is taking me to court and he will ask for reimbursement for a lawyer, and all the cost associated with the bike?
Is court held in my county or his? Municipal court or county court?
Do I have a defense? There was no bill of sale, no warranty offered, and no proof that the damage to the engine was his negligence or not since it took him 45 days to contact me, he inspected engine and parts before paying. And now he has left slanderous feedback on ebay for me. What options do I have and does he have a winning case?
