Legal Question in Consumer Law in Kansas
I live in Kansas. I recently purchased a used motorcycle in Missouri. In the photos on Craigslist the model label "Tourist" was clearly visible. After owning the bike for over one and a half months I've discovered that it is actually the "T" model, which is worth about $1,500 less. While talking to a parts supplier he told me that some model T's were mislabeled at Tourist at the factory. Do I have recourse against the seller who, while not explicitly claiming it was a "Tourist," never told me about the mislabeling or corrected me during our communications as I frequently referred to it as a "Tourist"?
I'm not confident I've selected the correct "Area of law" for this question.
1 Answer from Attorneys
This might be a consumer case. Especially, if the seller regularly sells motorcycles. IT appears that you may have had a mutual mistake of fact, i.e this is a "Tourist" and not just a "T" model. As you indicate, the seller never tried to report that bike as being a tourist model, but you say that you can read tourist in the advertisement. If you sue the seller (In Missouri) it could go either way. It might come down to your ability to view and possibly have the bike inspected/examined before buying it, and your ability to show a monetary difference between a T and Tourist Model for that year of bike.
Perhaps you should stay in contact with the seller and see if he will reimburse some of the purchase money. And, get the mechanic to swear in a affidavit that this bike is a mislabeled T model.
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