Can he really sue me?
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Can he really sue me?
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I posted an ad for an ATV for sale or trade. This guy called me up offering me an ATV to trade straight across (no cash exchanged). The ATV I owned was not running, as I explained (honestly) in my ad. He claimed he could ‘fix anything’ and would like to look at it. We arranged to meet to introduce both ATV’s. He thoroughly showed us his ATV and didn’t even blink at the thought of looking at the one I had. It was so strange he wanted to make the deal happen without inspecting his future ATV in question, we insisted he at least let us show him how everything works, etc.
We swapped titles, etc. That night he tore down the ATV and said the valves were broken. I am not mechanically trained in this field and did not know the problem was that sever. He claimed he believed me and he was not mad. I told him to let me know how much it would be and I would be more than happy to assist. (Nice of me, I know).
I believe he took advantage of me being so generous because he came back saying the engine was blown and he wanted $2,000. For someone being able to ‘fix anything’ I knew he was exaggerating the price, since that is not even close to the price of a repair having even a professional fixing it, and he already claimed he could do it. I offered him $300 since that is literally all I had and apologized repeatedly, assuring him I didnt know it was that severe. It was VERY civil and he kept telling me it was ok and he just regrets not inspecting it (that's not MY fault).
Next morning his girlfriend calls me up SCREAMING at me, telling me that the ATV I received as trade had more than $8,000 in aftermarket work done to it and I ‘ripped her off.’ I explained that her boyfriend came to ME with the offer, and that’s ‘too bad that she traded an ATV worth $10k for one that was worth $2k and not running.’ She claimed she was going to sue me and I told her ‘that’s fine if you want to waste your money.’ but I still told her if she wanted the $300, I will still give it to her, even though she was being so rude. I usually get screwed in deals and know how it feels, which is why I offered to help.
That night I got several threatening text saying they found my house and they were in the yard waiting for me. I called the police and had them removed. In fear of the bike getting stolen or vandalized, I knew I needed to register it ASAP and get it insured. I licensed it that next morning. I took the ATV that I received from him out that weekend and the motor blew the very first day! So now I am in the same position as he is (without trying to milk money out of him).
Now I got a letter saying I had certified mail waiting at the post office, which I am assuming they are court papers. I don’t want to waste my tim
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hollifieldrobert
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sure he can sue but he wont win you commited no fraud in the deal have you heard let the buyer beware yes money was exchange because both atv had value you cant help the moron traded you a 100 dollar bill for a 1 dollar bill |
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Pea Pod
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I don't think you can. No money changed hands. You where upfront about the ATV not working. They CAN sue you.... You can sue anyone for anything really. It is a matter of wining.. can they win this case? Nope. |
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∞infiniti∞
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They can sue. Anyone can sue anyone for anything. Can they win? That is another question. Used motor vehicles are sold "as is" unless otherwise stated. It is the buyers responsibility to have the vehicle checked by a mechanic before buying. |
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5corpio
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You can't just ignore the court papers if they try to sue you. They will most likely take you to small claims court. I am going to small claims right now dealing with this moron who intentionally hit my car and assaulted me because I called him an old man.
Small claims court does not involve lawyers, you and the other party tell your sides of the story to a judge and the judge makes his or her decision. Make sure you keep records of EVERYTHING (copy of the ad, title, receipts etc.). In contract law is sounds like all of the elements have been met.
NOTE: If you ignore the court papers and you don't show up to court, this guy can automatically win if you don't show up and you would have to pay whatever he's asking, it's called a default judgment. I suggest you go to court if he is suing. |
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browniek3
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He can try to sue.
If he knowingly did the swap and you can prove that you did not pull a scam...then no he wont win.
If he can prove you scammed him then they will win.
Usually, if both parties cannot prove anything the judge will dismiss.
Do you have anything in writing?
emails, txt msg, witnesses, anything?
that would help. |
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