What to do if last month I traded a man my dirt bike for a boat but upon inspection of it, it is not in the condition I was told it was?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if last month I traded a man my dirt bike for a boat but upon inspection of it, it is not in the condition I was told it was?
I have the notarized titles to the boat and motor. I also have the title for the bike. I gave him a signed reciept for the bike until I could get him the bike title. I now want my bike back. Does he have to give it back?
Asked on January 2, 2013 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the seller misrepresented (lied about) the condition the boat was in to get you to agree to the trade, AND it was reasonable for you to rely on that misrepresentation (that is, for example, you did not have the chance to inspect the boat before the trade; or if you did, the problems were not ones you could have found on such inspection), then he may have committed fraud. Fraud can provide a basis to seek monetary compensation and/or rescind the sale (return boat, get bike back). Note that if he will not voluntary compensate you or rescind, you'd have to sue him to enforce your rights, which may or may not be economically worthwhile doing.
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 AttorneyPages.com 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.