Boulder, CO asked in Contracts, Business Law and Civil Rights for Colorado

Q: Just bought a used moped from a dealership and ut stopped working after 1 day of use, can I get a refund?

Just bought the moped used and I paid through venmo, it is not a registered moped and it worked when I bought it, shortly after it broke down within two hours of riding. The dealer said it was an easy fix and said he could fix it for free because it was just an engine cap issue. I tried contacting him and now he blocked my number and I'm stuck with a moped that doesn't run.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re in a difficult situation with this moped. Since the dealer blocked your number and the moped broke down almost immediately after purchase, you might have grounds to request a refund or take further action, but it could be tricky.

First, check if the dealership provided any written warranty or return policy when you bought the moped. Even if there wasn’t one, you could argue that the moped was not fit for purpose under consumer protection laws. Since you paid through Venmo, you might also be able to report the transaction and dispute it, though Venmo’s protections are limited.

Consider contacting the dealership in writing, through email or certified mail, demanding a refund or repair. If they don’t respond, you might need to explore legal options, such as small claims court, especially if the amount paid is significant.

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