Lemon Law for selling Scooters?
The guy that I sold a Scooter to actually rode the bike off. Then said that after he go to get something to eat, the bike would not start. Now this is piece two to the "I have just sold a Scooter and I call for an Opinion" Question. He called me today and said that I should look at the LEMON Law. I told him to shove the Lemon Law because there be nothing wrong with the Scooter. He said that he spoke near his Lawyer, and I told him to place the Paper in my Hands and Take me to Court. What is your take on this?
Answers:
Yeah, Jamestown was right going on for outlawing lawyers. Too bad the Puritans come and said sue your neighbor.
Ok, sarcasm over. If you can prove the scooter was in worthy working condition (and from the sound of your first question you should know how to do that), then you should have nil to worry about.
The Song Beverly Warranty Act AKA the Lemon Law does not apply to private celebration transactions. It only applies to sales next to an "Expressed" factory warranty.
The rule of thumb for private party sales is "Buyer Beware"
He can still sue you, But if you can generate the case that the bike ran( I.E signed testimonials from friends or neighbors) when he bought it. And who knows what he did after he rode bad?
He will not win. It's still a pain in the butt , but to be exact our justice system.
Do some home work, organize your evidence, brand name lots of copies for the judge and plaintiff. Cite case decree and refer to the Song Beverly act, if he brings up lemon laws.
BTW the nuts and bolts of the lemon decree are that, the manufacturer has to create every effort to repair the warranted item, if after a sound number of attempts the item is not repaired to the buyers satisfaction they may demand a compensation.
So you see the "Lemon law" in no way applies to you. Source(s): My guess is he never talk to an attorney and he's BS'n
Lemon Laws apply to DEALERS contained by most jurisdictions. Private sales are agreed in the courts as "AS IS" transactions unless there are specific warranty given, expressed or part of the 'fit for use' standards. Basically, unless you made claims about the bike that be fraudulent and in writing, you are OK. Verbal claims can be cited, but most of the time they are ignored by the courts.
A lot of states don't have lemon law for bikes.
Check if yours actually does.
You may have to find out problem and reimburse for repairs unless it was deliberate verbal abuse
Or you could tell him to screw himself :o)
Just continue to be ultra polite (don't tell them to shove it and be ultra polite contained by court too if it comes to that) and as the previous answerer stated - if they rode the bike off and it worked fine and you can prove you did regular/normal maintenance on the bike (and hopefully you hold kept receipts), then I would say you own nothing to worry give or take a few. Most used items which are sold privately, are sold as is where is. I'm not sure what state you live in but private sale do not usually come with a warranty. Caveat Emptor = Buyer Beware
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Answers:
Yeah, Jamestown was right going on for outlawing lawyers. Too bad the Puritans come and said sue your neighbor.
Ok, sarcasm over. If you can prove the scooter was in worthy working condition (and from the sound of your first question you should know how to do that), then you should have nil to worry about.
The Song Beverly Warranty Act AKA the Lemon Law does not apply to private celebration transactions. It only applies to sales next to an "Expressed" factory warranty.
The rule of thumb for private party sales is "Buyer Beware"
He can still sue you, But if you can generate the case that the bike ran( I.E signed testimonials from friends or neighbors) when he bought it. And who knows what he did after he rode bad?
He will not win. It's still a pain in the butt , but to be exact our justice system.
Do some home work, organize your evidence, brand name lots of copies for the judge and plaintiff. Cite case decree and refer to the Song Beverly act, if he brings up lemon laws.
BTW the nuts and bolts of the lemon decree are that, the manufacturer has to create every effort to repair the warranted item, if after a sound number of attempts the item is not repaired to the buyers satisfaction they may demand a compensation.
So you see the "Lemon law" in no way applies to you. Source(s): My guess is he never talk to an attorney and he's BS'n
Lemon Laws apply to DEALERS contained by most jurisdictions. Private sales are agreed in the courts as "AS IS" transactions unless there are specific warranty given, expressed or part of the 'fit for use' standards. Basically, unless you made claims about the bike that be fraudulent and in writing, you are OK. Verbal claims can be cited, but most of the time they are ignored by the courts.
A lot of states don't have lemon law for bikes.
Check if yours actually does.
You may have to find out problem and reimburse for repairs unless it was deliberate verbal abuse
Or you could tell him to screw himself :o)
Just continue to be ultra polite (don't tell them to shove it and be ultra polite contained by court too if it comes to that) and as the previous answerer stated - if they rode the bike off and it worked fine and you can prove you did regular/normal maintenance on the bike (and hopefully you hold kept receipts), then I would say you own nothing to worry give or take a few. Most used items which are sold privately, are sold as is where is. I'm not sure what state you live in but private sale do not usually come with a warranty. Caveat Emptor = Buyer Beware
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