I bought A Ducati motorcycle and then found out it was defective

I brought it in to the shop, and they couldn’t find the problem.  Ducati will repurchase the motorcycle from me provided that I sign a release of confidentiality and sales form stating basically that any information in form of communication or documents will not be disclosed to anyone.  In California is that legal?  Can they hold any refunds due to those forms even if it was their item that they sold to me that was defective? Please advise.

Asked on June 5, 2009 under Business Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Signing a settlement agreement is legal.  Keeping things like this on a machine confidential may be fraudulent -- especially if it may concern an all out recall.  Once you sign, you will be precluded from collecting anything else.

Your best bet?  Immediately contact the California Dept of Financial Institutions:

http://www.dfi.ca.gov/


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