Am I legally able to return a motorcycle without financial penalties, due to the dealership not disclosing modifications made to the motorcycle?

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Am I legally able to return a motorcycle without financial penalties, due to the dealership not disclosing modifications made to the motorcycle?

After I left the dealership lot and got home, I realized the color scheme was off. The dealership has confirmed that parts of the motorcycle bodywork was switched out. This was not disclosed verbally at anytime during the signing of the contract, nor was it disclosed in the contract. Am I legally able to return the motorcycle without financial penalties? Also, I’d like to note that when I left the dealership, there was 30 miles on the motorcycle. The DMV registration and the contract stated that there was 5 miles on the motorcycle.

Asked on August 3, 2012 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the seller of an item is required to disclose before the sale to all potential buyers all matters material to the item or affecting its value. The matters about the motorcycle seem to be subjective as opposed to objective issues not warranting the return of the unit without financial penalties. As to the mileage issue, you should have been aware of any mileage issues before you left the lot with it.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the seller of an item is required to disclose before the sale to all potential buyers all matters material to the item or affecting its value. The matters about the motorcycle seem to be subjective as opposed to objective issues not warranting the return of the unit without financial penalties. As to the mileage issue, you should have been aware of any mileage issues before you left the lot with it.


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