Austin, TX asked in Consumer Law and Small Claims for Nebraska

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.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: 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.

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