Can I file a criminal suit against someone if they refuse to honor a signed bill of sale and refund my money?

UPDATED: Feb 14, 2012

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Can I file a criminal suit against someone if they refuse to honor a signed bill of sale and refund my money?

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.

Asked on February 14, 2012 under Business Law, Texas


Catherine Taylor / Broadbent & Taylor

Answered 10 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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