Can someone take me to small claims court because I sold them a motorcycle with a leak that I pointed out but now it’s worse than they thought?

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Can someone take me to small claims court because I sold them a motorcycle with a leak that I pointed out but now it’s worse than they thought?

I was selling a motorcycle and someone wanted to buy it for $4,200. After he left I noticed oil under the motorcycle after it was parked. I texted him saying that I took the plastics off and noticed the motorcycle had been patched or welded by a previous owner and if he is still interested come by tomorrow to look at it. I informed him that it never leaked on me but I hardly ever rode it; it’s been month since I last rode it. He was still interested and offered $3,500; I accepted it. The title was switched but when he rode it home he said it’s leaking really bad. Now he wants to take me to court.

Asked on March 25, 2012 under Business Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible for a person that you have written about to take you to small claims court over the motorcycle that you sold. Whether or not the buyer will prevail remains to be seen. The issue that the plaintiff has to prove is did he not know of the leaky motorcycle before he bought it and if not what amount of money did he over pay for the motorcycle due to not knowing about the oil leak.

I would be get all documents in order and all witnesses to prepare for the small claims court matter especially the drop in price from $4,200 to $3,500 with respect to the oil issue of the item.


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