Can I file a criminal suit against someone if they refuse to honor a signed bill of sale and refund my money?
Question Details:
I purchased a motorcycle that was described as having "no flaws". The seller and I both signed a bill of sale that states "buyer can rescind purchase for any reason whatsoever". After the seller delivered the bike, I rode it around and let it sit for a while. Shortly after, I noticed a major oil leak. I rode it to a mechanic shop where they determined there was a crack in the engine block that someone had attempted to repair with a temporary weld. The seller refuses to honor the bill of sale and has not responded to my small claims suit against him.
This is a civil matter. not a criminal case. If you have a signed copy of the contract that states that you, as the buy, can rescind the purchase for any reason, you are likely to prevail in a civil suit. If you have already filed a small claims suit against him and he fails to respond to the suit, the court may grant a default judgment in your favor. This means that the court can grant your request for monetary relief and enter a judgment against the seller without the seller ever appearing in court.
