Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?
It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded letting me know it was a 2015 model.
There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.
That being said, it is possible that an item produced in a previous year could have remained unsold and sitting in a warehouse or shop for a period of time. It is possible to buy an item that is new/never used even though the model is from an earlier year(s). On the other hand, if you were told that you were purchasing a 2020 or 2021 model and provided a 2015 model, your case is much more clear.
Before you file anything, you might want to talk with the bike store to hear their side of the story and see what they will do to make things right. Many bikes are in high demand right now and it might not be that tough to persuade the shop to allow you to return or exchange a recently purchased bike.
Before making any decision, you would want to consult with an attorney directly about the specifics of your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.