Legal Question in Consumer Law in Ohio

I bought a used motorcycle that was on consignment at a Bike shop. I asked if the bike had been wrecked and was told it was not. I took delivery and was able to call the owner who had placed it on consignment. He told me it was wrecked and the shop knew this. I called the shop and let them know what i learned and they admitted they knew but said it was fixed and only cosmetic damage. Can I cancel the contract as they lied about condition?

Asked on 2/12/13, 5:54 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison
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Ohio Revised Code Section 1345.02 (the Consumer Sales Practices Act) makes it illegal for a supplier of goods in a consumer transaction to make a misrepresentation about the nature of the goods. Your remedies would be either triple your actual damages plus attorneys fees, or, if you had no actual damages, $200.00 for each violation of the act, plus attorneys fees, or, rescission of the transaction (they would have to give you your money back and take the bike back).

The statute of limitations on such a lawsuit would be two years from when you purchased the bike (meaning that you would have to sue them within two years).

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Answered on 2/13/13, 4:40 am

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