Legal Question in Civil Litigation in North Carolina
I bought a used ATV for $2600.00 dollars about a year and a half ago. I rode it for a year, put about 2 grand into it, and decided I wanted to switch back to riding dirt bikes instead.
I sold it via craigslist to a guy living in South Carolina for $2500.00, I took a big loss, these things don't hold value.
He rode it in my neighborhood, he liked it and took it home. The very next day he blew it up. He is very inexperienced and started it up and revved the motor and seized the piston in the bore. He asked me for help, I felt I was not obligated but out of courtesy I did help him and we put a new top end on the engine. I did all the labor for free and he paid for the parts. I started it up and the top end was fine, but the bottom end was making a bad noise and I told him to have it checked out at a dealer somewhere for expert help.
Its been 5 months, and he e-mailed me today and said it's been at a dealer for this entire 5 months and the dealer said it was a different engine in the ATV from a Honda ATV, not the brand of ATV that it is.
This ATV is called a "GasGas" it is Spanish. He is claiming that the engine is a "Honda". He is saying he paid $2500.00 for a GasGas not a Honda. I don't think this even could be true, however I do not know. I can tell you it has cast letters in the engine cases that say "GasGas" all over the place. When I bought it I believe it was a GAS GAS and still think the engine is a Gas Gas origional engine. It does have some engine modifications to it, but in no way to my knowledge do those modifications warrent it a different brand engine.
Here are the facts:
- I am a private person.
- There is no signed receipt, or indication of a warranty.
- I already fixed his ATV for him for free once.
- Its been 5 months since I heard from him.
- Does he have a legal argument that will hold water in small claims court?
1 Answer from Attorneys
No. Cavet Emptor - let the buyer beware.