Can a motorcycle dealership sell you a motorcycle “as is” by labeling it a “public wholesale” purchase?

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Can a motorcycle dealership sell you a motorcycle “as is” by labeling it a “public wholesale” purchase?

My motorcycle completely stopped working within the first week and they claimed that it was okay to have sold it to me “as is” because it was “wholesale”. They could not explain to me how the purchase was wholesale, though, aside from saying that it was old and that they were therefore selling it “as is.” Seems to me like they are just trying to skirt consumer protection law. It was one motorcycle sold to an individual consumer for personal use, at higher than suggested retail price. Can I get a chargeback through my credit card company?

Asked on July 13, 2012 under General Practice, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the dealership from whom you purchased the motorcycle from which now has issues with it did not specifically state that you were purchasing it "as is", then there is under the laws an implied warranty of merchantability as to condition and performance as to it was given by the seller.

This means that the dealership is on the hook with making necessary repairs to the motorcycle at its cost. I suggest that you write a letter to the dealership demanding repairs to the item at its cost by a certain date. Keep a copy of the letter for future use and need.

If you charged the purchase of the motorcycle on your credit card, I suggest that you call your credit card company and contest the charge. You should also consult with an attorney that practices in the area of consumer law about how to proceed concerning this matter.


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