Sold a bad engine no response from company.

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Sold a bad engine no response from company.

I’m not sure if this is the right category. I purchased a motorcycle engine for $1200 took it to a garage they attempted to put it into my bike and it wouldn’t start. -500. I contacted the owner of the business that sold me the motor. After finally getting him to stop avoiding both mine and the garages calls he said to try this to get it to work -160. After another round of him avoiding calls he said he would take the engine and either fix it or replace it with a brand new one by Thursday. It is now Saturday and we cannot get him to answer the phone. We have a receipt saying he would either fix or replace the engine.

Asked on September 23, 2017 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue the company that sold you the bad engine: you sue them for breach of contract, for not selling you a working engine as you and they had agreed (even if only implicitly) they would; for further breach of contract, for violating the specific terms you cite, that they would fix or replace the engine; and for violating the implied warranty of merchantability--the obligation, imposed by law that vendors, etc. sell you goods that are what they claim to be--int this case, a working engine.
For $1,200, the most cost-efficient (and quickest) way to proceed is by suing in small claims court, as your own attorney or "pro se." If the company that sold it  to you is a corporation or LLC, you sue the company; otherwise, sue the owner personally.


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