Motorcycle trouble

[erik094509]

Around February 22, 2012 I purchased a dirt bike off of Craigslist, the model year was a 1998 or so I was told, that's what it said in the Craigslist add and I had no reason to question that, (this is important later). I exchanged information with the seller and arranged a time to look at the bike. A friend and I went and looked at the bike, It was what I wanted so I bought it. I had it for a few months until I needed money for school so I put an add on Craigslist to sell it, I advertised it as a 1998, a few days later on Friday August 10th 2012 I sold it to a man who came to my house looked it over started it and decided he would take it, we shook hands and the deal was done. The next day the man I had sold it to via text messaging informed me it happened to be a 1989 model year, in the state of Wisconsin dirt bikes that are not street legal and driven off road only do not have titles. I ask him how he discovered it was a 1989 and not a 1998. He replied by running the serial number engraved on the frame. I never knew this, nor was I aware it could be done. I stated in a text message I was not the type of person that would do this or purposefully misrepresent the motorcycle for sale, I stated "I feel bad, I guess I would buy it back from you if that's what you wanted to do". I then thought about it and realized that there is no way of knowing what has been done to the bike since it has left my property, and now that he is mad at me if I were to take the bike back and refund him his money and then if the bike then was truly damaged I would loose a lot of money having to fix it. I thought shaking hands meant a deal was a deal, and all Craigslist sales were buyer be ware. I have also offered to refund him $500 and have him keep the bike just to get off my case but he is dead set on getting his money back. He now wants to take me to small claims court to get his money back, I have considered taking the bike back but if it is damaged again I would loose out having to pay to fix it as well as giving him his money back. He lives in a different county so if this were go to small claims court I think he would have to file in my county but I'm not sure, also I had advertised the motorcycle in his county on Craigslist for sale. I really would like to avoid going to court but if that's the way it has to be, that's the way it has to be. Any useful input would be appreciated.

Thanks

 

[mightymoose]

When you bought the bike it was your responsibility to inspect it and confirm all the details important to you.
When this person bought the bike from you he had the same responsibility. He should have checked the serial number prior to purchase, because once money changed hands the bike was no longer your problem.
You have been very kind to offer to take the bike back and to offer the $500. You certainly do not have to do that. If the circumstances are as you say, his small claims complaint will go nowhere. If he does attempt it then he would most likely have to file in your county.

You have made your offers and been refused. The responsibility was his. Personally, at this point I would cease contact with him and move on. If he doesn't want the bike he can sell it. It is his problem now.

 

[erik094509]

Thank you very much for the info, I received a threatening letter from a law firm the buyer hired, stating that I should call the buyer within ten business days to arrange the return of the bike, otherwise legal action of "material misrepresentation" would take place. I do not want to return the bike because once it left my property I have no way of knowing what has been done to it, therefor should I just ignore this letter? Also the buyer of the bike seems to me that he is not going to give up, so if he does take me to court what can I expect?

Thanks

 

[mightymoose]

Personally I would not respond in any way. You did not misrepresent the motorcycle- you represented itas you believed it was. It was the buyer's responsibility to verify all information prior to purchase.
Apparently it is an easy mistake to make since you and the buyer both thought it was a 98 when you paid for it.
Let him waste his money on attorneys. If you should receive official papers from the court ordering you to appear then you should consider your own legal counsel. You can ignore the attorney's letters but not the court.
They most likely just want to scare you into compliance.
If you should end up in court you should expect a quick dismissal. The sale was as-is, money changed hands,and it is no longer your problem.

 

[erik094509]

Thank you for the reassuring advice.