legal question, about selling a motorcycle Options

[Terzin1]

Hello erbody! Ill get to it. So I sold an old '81 honda cb750c two and a half weeks ago to a guy for $900. on the craigslist post I put down that the bike had battery discharging issues and needed to be charged every so often, about once a month. The guy came, inspected it, rode it around, said that it ran good, asked me a few questions, and then handed me the cash and loaded the bike on his trailer and away he went. he seemed pleased. that was two + weeks ago. He called me yesterday and said that he feels like he got the 'short end of the stick' with the deal. He said he had to jump the bike once already.

Now, I'm not in the business of ripping people off, I disclosed everything I knew about the bike. I didnt offer a guarantee or anything and he knew about the charging issue. I certainly was not forcing him to buy the bike if he didn't want to. i dont know what he wants me to do, but I was wondering if I'm in the wrong here and if he could try and take legal action. I would hope not, but I want to be prepared. If anyone is interested, here is the craigslist post:

Up for sale is a 1981 Honda CB750 custom. 4 cylinders, 4 stroke 750cc, DOHC. 24,000+ miles. Clean title in hand.

This bike still runs great, even at 28 years old. there are some scrapes and minor rust here and there but nothing that affects the performance of the bike. The engine and transmission are solid. The only issue is that sometimes the battery discharges and needs to be charged once a month. I’ve replaced the stator and battery very recently so its gotta be a faulty wire somewhere and should be an easy fix. The engine starts right up cold, and stays running. I’ve ridden it from Bloomington to Indianapolis going from low city speeds to high rpm highway miles, and still she doesn’t miss a beat. No kidding, really a fun first bike and gas saver! $950.

[tonytutino]

i wouldn't worry about it dude, you disclosed what you needed to. I doubt he will go as far as taking legal action, after all it is a USED bike.

[GriffGirl]

I wouldn't worry about it either, the guy could be just trying to con you. I'd just remind him that the bike was sold AS-IS and call it a day. If he wants to pursue it he can take you to small claims over it. Keep a copy of the ad you posted for the bike, just in case that happens. No one in their right mind is going to side with him on this one though, you didn't do anything wrong.

It doesn't entirely matter, but did write him a bill of sale and put on it AS-IS? If you didn't, just remember to do that next time, just to cover your bases.

[Bitter]

In the past, I have received numerous requests for how to sell a vehicle on your own. I think my other thread on how to not get screwed by a dealership was helpful to some of you, so maybe it is time do a write up on how to sell it on your own.. specifically how to protect yourself. I'm not going to tell you what sites to put it on, how much to list it for, or anything of that nature. This thread will only deal with once the buyer has said, "Yes".

Once you have found a willing buyer, you must ask yourself how to be safe after the fact. At least 3 out of 5 times I have sold a used vehicle (and after 16 years, it is ALOT of them), I have a customer come back with some type of complaint. Cosmetic scratch they didn't see before, strange noises, brakes squeeking, or belts squealing. Since I work for a dealership, sometimes these things get fixed. I'm talking about the vehicles that are sold as is and shown. And that is the only way a private sale should ever be! In order to accomplish this, beyond a shadow of a doubt, is to have it in writing with a proper bill of sale. Just about every state understands the same language. A proper bill of sale will also protect you in the event of parking tickets, the occasional bank robbery, or even an accident. Without a proper bill of sale, a good attorney can come back at you. Here is what every bill of sale should look like (anything in Italics should be entered by you in your favorite word processor):

Date

I, Your Name , further known as Seller(s), agree to sell one (1) Year, Make, Model (with submodel if possible, i.e. 2001 Mitsubishi Eclipse GS) with a manufacturer vehicle identification number (VIN) of Your vehicle's VIN to Buyer(s) name , further known as Buyer(s), for the sum of $xx,xxx. The vehicle has at the time of sale Miles miles on the odometer. The mileage is correct and actual as of this date. This vehicle is considered to be sold AS-IS AND SHOWN, with absolutely no warranties, expressed or implied. Buyer(s) shall not be entitled to recover from Seller any consequential and/or incidental damages. Seller hereby disclaims all warranties, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose.

________________
Seller

________________
Seller

________________
Buyer

________________
Buyer


Now, basically this is saying what they bought, when they bought it, the current miles, and have told the buyer that it is sold without warranties. If you were foolish enough to tell them that your 1993 Geo Metro could pull a 45' cigarette boat without a trailer, you have even protected yourself from that. Now, this is not a license to lie. In some states, you cannot knowingly sell a vehicle that has a major mechanical problem and get away with it. You will have to check your local laws. All this is is a blanket, generic, bill of sale to protect the majority of people out there.

Ok, both of you have signed it. Who gets the copy? I recommend that multiple copies are printed and signed for each party. I also, quite highly, recommend that it gets notarized. Most police stations/currency exchanges have a notary on duty. It might cost a few bucks, but it just shows that you are not fooling around. Be prepared, if you are having it notarized, to bring ID with you.

So, everything is good. Money has exchanged hands. Vehicle has exchanged hands. Bill(s) of sales are signed. Life is good. But, you are at the bar the next weekend and the buyer calls you with a problem. If the problem is he has no idea how to turn the wipers on? Fine, help the guy out. If his problem concerns something mechanical in nature, the only thing that you should say is, "I'm sorry, but I cannot help you. The vehicle was sold as-is and shown." And shut up. At this point, think of when you are arrested. "Anything you say can and will be used against you in a court of law". If the buyer insists on describing the problem to you, you can listen. But do not open your mouth and let even a sigh come out. If you do, be prepared for the consequences. And by consequences, I mean giving him a warranty.

Here is the problem with warranties. They are airtight until the seller volunteers something. Once you offer to help him, you have effectively cancelled everything I typed. It is now an expressed warranty after the fact. In other words, you just volunteered to help him for as long as he owns the car. Now, I assume you don't want to be on the hook for a motor after the guy has owned it for 300,000 miles. So, again, do not open your mouth and let even a sigh come out.

Well, you have heard his problem, been as cordial as possible, and he is still being rude. You told him again, "I'm sorry but I can't help you." And now he throws the lawyer card at you. At this point there is only one thing to do. Tell him that "He bought it as-is and shown and this conversation is now over". Simply hang up the phone. If he calls you right back, ignore the call. If he calls you back again, tell him, "I have told you that you purchased the car as-is. I cannot help you any further. And since you insisted that you want to contact your attorney, I invite you to pursue that. Have your attorney call me directly. If you call me again, I have legal grounds to go to my police station and file harrassment charges against you. Goodbye." And turn your phone off. At this point, all he can do is leave messages. Which you can save and go to the police station with proof of the harrassment. Win-win situation.

Hopefully these tips and the bill of sale will help you guys in the future. As with any informative post by me, the floor is now open to questions, comments, suggestions...

[SlickRick]

dont, worry i bet a steak dinner its just the reg/rec or a parasitic short, tell him to go buy a $20 battery tender and leave u alone And this guy got a classic a cb 750? in its hay-day this was the definitive sport bike b4 there were sport bikes!!! The VFR interceptor or Cub may be the only more influential bike in honda history, in 1973 or so it was the first production bike with disc brakes, over head cams, and maintenance free hydraulic lifters.

This post has been edited by SlickRick: Jul 16, 2009 - 5:45 AM

[95CelicaST]

I'd kill for a cb750 - parasitic draw or not. And for sub $1000! Tell the guy to piss up a rope. Sold AS-IS.