Stockton, CA asked in Consumer Law and Contracts for California

Q: If the seller of a motorcycle misrepresents the year and condition can I demand a refund?

The bike was advertised as a 2003 when it was a 2001. Bike was advertised as excellent condition with no issues. The bike has a major oil leak that only shows up after riding it for 15 minutes or more.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You have a lot of issues about the purchase of this motorcycle. Perhaps you should just sue the seller in Small claims and put it all before a judge there, because apparently it is not worth enough for you to retain an attorney to assist you to sort this out. The other post about the DMV manager faslifying records is something you should be taking to the regional DMV office I hope you have written proof because you could be facing a defamation claim. You have also posted information online indicating that you assisted in the perpetration of a Fraud on the state of California with falsified sales documents to register this motorcycle. Before you go to court you better have a mechanic to be a witness or write a report about this major oil leak, and all the rest of it on paper.

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Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you need to consult with a lawyer to review all the paperwork.

was thee a written agreement set forth what you allege?

if the damage is less than $10k, file in small claims

be careful that you don't place yourself in a position of defaming the other party if you are wrong.

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