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Do I have to give the buyer of my motorcycle his money back?

1 Answers. Asked on Mar 03rd, 2017 on Lemon Law - New York
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My fiance sold his motorcycle private party last week. The guy test drove the bike no issue. They exchanged title and cash for the sale. The buyer drove off and called a half hour later saying the bike was having issues. But that he was going to drive it home to long island anyways. He drove it to long island called and left a message saying he was home safe and that there was no further issues. My fiance told him the bike had been in the shop for a similar sounding issue but was told it had been fixed. (we have the paperwork saying it was fixed by the motorcycle shop) The next day the buyer stated that it was acting up again. He took it to a bike shop to be looked at. The buyer has had the bike for a week now and is demanding his money back and that we come to long island to pick it up from him. We tried to have him sign a bill of sale at the time of the transaction however the buyer refused and said he did not need one. Do we have to give the buyer his money back?
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Answered on Mar 03rd, 2017 at 8:29 AM

This is a perfect example of the legal maxim "caveat emptor"= buyer beware. Unless your fiance gave the buyer a written guarantee, or specifically lied to him about the particular problem of which the buyer is now complaining, your fiance is under absolutely no obligation to take back the motorcycle. The fact that the buyer has no bill of sale will make it nearly impossible for him to prove a case if he tried to sue your fiance- especially since the buyer was offered one at the time of sale.  

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Lemon Law
The federal Magnuson–Moss Warranty Act protects consumers who have purchased cars, trucks, motorcycles and other motor vehicles that fail to operate as expected. This "lemon law" protects consumers in the event of a breach of the manufacturer's expressed and implied warranties. Some state lemon laws also protect purchasers of other types of defective products. If you've purchased an automobile that has repeatedly been repaired and fails to perform as expected, contact products liability attorneys with experience handling lemon law claims. Manufacturers are often reluctant to obey federal and state lemon laws, and may resist your requests for a refund or product replacement. Lemon law lawyers can help enforce your consumer rights and compel the product manufacturer to follow the law.
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