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?

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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 8 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.


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