QUESTION

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

Asked on Mar 03rd, 2017 on Lemon Law - New York
More details to this question:
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?
1 ANSWERS
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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