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Old 09-28-2011, 10:05 AM   #21
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Old 09-28-2011, 10:06 AM   #22
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Quote:
Originally Posted by Lokati View Post
The concept of "as is" and "no warranty" only protects you to the limits that you inform your buyer of any problems that YOU can be legally expected to be aware of. And severe engine noise and poor drivability have time and again been shown to be things the seller SHOULD BE AWARE OF in many courts of Law.

People who think saying "as is" and "no warranty" gives them some kind of Umbrella protection against being piece of scumbags and peddling damaged goods behind a veil of ignorance are pathetic scum, barely above common thieves.
Hmmmmm, what does "caveat emptor" mean? The buyer has some responsibility too. Who pays for a used bike without even starting it or inspecting it?
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Old 09-28-2011, 10:07 AM   #23
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Your issues could potentially fall under either one of the following in the laundry list of DTPA concerns:

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(23) The failure to disclose information concerning goods or services known at the time of the transaction and was used to induce the consumer into a transaction whom otherwise would not have entered had the information been disclosed.
This section prohibits a seller from failing to disclose information known by the seller at the time of the transaction if such withholding of information is intended to induce the consumer into a transaction, and if the information is such that had the consumer known it at the time of the transaction, the consumer would not have made the purchases.
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Old 09-28-2011, 10:09 AM   #24
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So you're saying a used vehicle sale without a warranty is not a "as is" sale?
No, I'm saying that for you to suggest that he should just give up and not try anything is complete and utter bullshit. That defeatist mentality just serves to validate unethical business practices.

How did you even get that from what I wrote anyway? You're doing that thing that women do, where I type one thing, and you read something completely different.
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Old 09-28-2011, 10:10 AM   #25
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Quote:
Originally Posted by Lokati View Post
Your issues could potentially fall under either one of the following in the laundry list of DTPA concerns:

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(23) The failure to disclose information concerning goods or services known at the time of the transaction and was used to induce the consumer into a transaction whom otherwise would not have entered had the information been disclosed.
This section prohibits a seller from failing to disclose information known by the seller at the time of the transaction if such withholding of information is intended to induce the consumer into a transaction, and if the information is such that had the consumer known it at the time of the transaction, the consumer would not have made the purchases.
Yea well, I don't see in the OP where the seller made any claims as to condition.

Good luck proving that the seller hid a known defect

Maybe you could help a brother out and go to small claims court with him so he can get his money back. Let us know how that works out
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Old 09-28-2011, 10:12 AM   #26
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And what's the misrepresentation here? You realize that damages under $10,000 are handled in small claims court, right?
I know it is handled in small claims court, that doesn't prevent the DTPA from being used. DTPA claims allow fee recovery independent of the damages in most cases, so if the case has merit it should be easy to get an attorney on board.

The misrepresentation would be failing to disclose a problem the dealer should have known about. I'm not up to date on what the buyer should be aware of in a motorcycle purchase according to case law, but the common practice of disallowing test rides might impact the outcome. Calling an attorney who works in consumer law would be the best way for the OP to sort this out though.
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Old 09-28-2011, 10:14 AM   #27
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No, I'm saying that for you to suggest that he should just give up and not try anything is complete and utter bullshit. That defeatist mentality just serves to validate unethical business practices.

How did you even get that from what I wrote anyway? You're doing that thing that women do, where I type one thing, and you read something completely different.
Maybe you could help a brother out and go to small claims court with him so he can get his money back. Let us know how that works out.
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The next day I called the guy and he said I was out of luck and he couldn't do anything.
So what's the next step?
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Old 09-28-2011, 10:17 AM   #28
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The next step is calling an attorney and if he takes it up making an offer to settle.
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Old 09-28-2011, 10:18 AM   #29
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You will have to prove that he knew the issues with the bike. He sounds like a flipper. He will deny knowing anything about the bike.
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Old 09-28-2011, 10:18 AM   #30
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I would start with the clutch. It should be less than 200 in parts to replace the fibers and steel plates. The noise could just be coming from chatter. Did you not test ride the bike at all?
I think we need to get back to this. You should of checked the bike out or had someone come with you to check it out.
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Old 09-28-2011, 10:20 AM   #31
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I know it is handled in small claims court, that doesn't prevent the DTPA from being used. DTPA claims allow fee recovery independent of the damages in most cases, so if the case has merit it should be easy to get an attorney on board.

The misrepresentation would be failing to disclose a problem the dealer should have known about. I'm not up to date on what the buyer should be aware of in a motorcycle purchase according to case law, but the common practice of disallowing test rides might impact the outcome. Calling an attorney who works in consumer law would be the best way for the OP to sort this out though.
I guess it's a slam dunk. Can you represent him?
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Old 09-28-2011, 10:20 AM   #32
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You will have to prove that he knew the issues with the bike. He sounds like a flipper. He will deny knowing anything about the bike.
If he has a business regularly selling motorcycles there may be ways around this.
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Old 09-28-2011, 10:20 AM   #33
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Maybe you could help a brother out and go to small claims court with him so he can get his money back. Let us know how that works out.
wow, you're retarded.
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Old 09-28-2011, 10:21 AM   #34
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I just got off the phone with the guy and he is not willing to do anything for the major repairs, he was willing to help with the smaller repairs though. He swears up and down that he did not know about anything wrong with the bike, but since it all went bad within 12 miles of me having it, he should have known something. He even repairs bikes as well as sell them.
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Old 09-28-2011, 10:21 AM   #35
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Quote:
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You will have to prove that he knew the issues with the bike. He sounds like a flipper. He will deny knowing anything about the bike.
+ 1.5 billion
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Old 09-28-2011, 10:22 AM   #36
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wow, you're retarded.
Did you come up with that all by yourself?
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Old 09-28-2011, 10:23 AM   #37
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I guess it's a slam dunk. Can you represent him?
If I worked in Houston and practiced consumer law, I would certainly take his call. Posts on a forum are enough to recommend that he contact an attorney, not enough to predict a win.
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Old 09-28-2011, 10:24 AM   #38
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Quote:
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I just got off the phone with the guy and he is not willing to do anything for the major repairs, he was willing to help with the smaller repairs though. He swears up and down that he did not know about anything wrong with the bike, but since it all went bad within 12 miles of me having it, he should have known something. He even repairs bikes as well as sell them.
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Old 09-28-2011, 10:24 AM   #39
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I believe he didnt know about the bike. They buy these bikes sight unseen half the time and flip them quickly. I would be willing to bet her never even threw a leg over the bike.
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Old 09-28-2011, 10:26 AM   #40
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Quote:
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If I worked in Houston and practiced consumer law, I would certainly take his call. Posts on a forum are enough to recommend that he contact an attorney, not enough to predict a win.
Well, how about a referral?
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