im being threatened with small claims court.....

boyfromthelak · 06-15-2009, 12:59 AM

For selling my 650 motor that i sold a month ago that supposedly. has toast pistons,crank, front crank seal, flywheel, and stator. this motor ran when it left my house. Should i be worried? he didnt compression test the motor when he picked it up. he felt the crank and sain its fine and now this. what do you all think? o and he is supposedly a master mechanic for kawasaki,suzuki etc.

SflSwampRat · 06-15-2009, 01:03 AM

where does he live?
from what state is your subpoena?
how did he pay you?
did you give him a bill of sale?

need more input.

waterfly550 · 06-15-2009, 01:05 AM

Quote:

Originally Posted by boyfromthelak

For selling my 650 motor that i sold a month ago that supposedly. has toast pistons,crank, front crank seal, flywheel, and stator. this motor ran when it left my house. Should i be worried? he didnt compression test the motor when he picked it up. he felt the crank and sain its fine and now this. what do you all think? o and he is supposedly a master mechanic for kawasaki,suzuki etc.

I wouldnt worry about it especially if it was sold "as is" hopefully that is on the bill of sale??

WRX Dave · 06-15-2009, 01:09 AM

Unless you gave him a guarantee or tried to cover any problems he doesn't have a case. You're not required to disclose anything unless he asks.

anthony_ · 06-15-2009, 01:15 AM

Have you received a notice to appear in court? And how much did you sell it for?

donwkk · 06-15-2009, 01:16 AM

If he is a Master Mechanic you have nothing to worry about - he has more than enough experience to know what he was doing BEFORE buying the motor - now if you had supposedly sold a motor to some poor newbie it might be easier for someone (small claims court ) to believe you took advantage of the lack of experience. A Master Mechanic would have to convince the court that you are so slick that you were able to fool a Master Mechanic - I Don't Think SO!!!!! - People who are are not in a weak position threaten - people who are in a strong position act.

donwkk · 06-15-2009, 01:25 AM

A month later - small claims court - I would simply reply - do what you feel you have to - if it ever actually made it to court the first thing I would want to see is the motor and the supposed damage - when shown the motor I would simply point out " That is not the motor I sold You????? How far do you think it would go?

tfergusonracing · 06-15-2009, 01:30 AM

Quote:

Originally Posted by donwkk

If he is a Master Mechanic you have nothing to worry about - he has more than enough experience to know what he was doing BEFORE buying the motor - now if you had supposedly sold a motor to some poor newbie it might be easier for someone (small claims court ) to believe you took advantage of the lack of experience. A Master Mechanic would have to convince the court that you are so slick that you were able to fool a Master Mechanic - I Don't Think SO!!!!! - People who are are not in a weak position threaten - people who are in a strong position act.

I agree.

It's also more difficult for them if they picked it up. They got the chance to inspect it and make a decision. I believe that it's universal that everything is sold as-is. I believe the only specification you have to make is if something IS sold with a warranty.

Did you sell it to someone on here?

boyfromthelak · 06-15-2009, 02:12 AM

where does he live?
grass valley i believe
from what state is your subpoena?
californa
how did he pay you?
cash
did you give him a bill of sale?
no.

kraqus · 06-15-2009, 02:13 AM

DO SHOW UP at your hearing.
BE POLITE to the judge and the guy suing you as well.
DRESS appropriately.

Edit: No bill of sale? Hmmmmm....This is going to turn into a He said, He said. The judge is going to have to call on this one....I say it could go either way....50/50

Kraqus