Can an “as is” transaction be undone?
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Can an “as is” transaction be undone?
I am currently selling a motorcycle and the buyer has taken the motorcycle off my hands for whatever urgency he needed it. I created a document that stated all transactions are final and that he is accepting full liability for the motorcycle and everything else since he is paying me in payments. He declined to wait another day for me to take the motorcycle to the dealership to get checked and now that there is an issue with the motorcycle, he is declining to pay me the full amount. What should I do?
Asked on October 3, 2012 under General Practice, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can take your buyer to small claims court and sue for the remaining payments due you. This of course assumes that there was no fraud or misprepresentation of some sort on your part. Again, as long as this not the case, between the "as is" agreement and the fact that the purchaser declined to take the motorcycle in for a mechanic's inspection, you have every chance of being awarded a judgement this case. Just be sure to bring your sales agreement with you and any other proof that supports your case.
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