ok i dont know exactly were to post this but it is about my 2 stroke. ok 2 days ago i went out and picked up my first 2 stroke witch i thought was an 03 yz 125. i traded my a t v for it witch in its condition was a steal for the other person. today one of my buddys whos real into dirtbikes told me it wasnt an 03 but an 02 so i ran the vin. come to find out its an 01. i have the bill of sales saying its an 03. do i have any legal options or what should i do? please help and move if this is in the wrong section.
i need help bad.
- Thread starter saqmuel
- Start date
2strokerfun
Member
- May 19, 2006
- 1,500
- 1
Elements of fraud: 1) An intentional false representation; 2) of a material fact; 3) which leads the other party to act 4) based upon the misrepresentation. The misrepresentation can be a statement or omission.
In Oklahoma, you could take him to small claims court for a dispute under $6,500. Don't know about your particular state. If you do take action, you'll need to convince the judge of all the above elements. Courts can generally void a written or oral contract based upon fraud. And in most states, you can get attorneys fees on a contract case if you prevail. Again, not sure about your state. Good luck.
In Oklahoma, you could take him to small claims court for a dispute under $6,500. Don't know about your particular state. If you do take action, you'll need to convince the judge of all the above elements. Courts can generally void a written or oral contract based upon fraud. And in most states, you can get attorneys fees on a contract case if you prevail. Again, not sure about your state. Good luck.
- Thread starter
- #3
ya im in mass but bought the bike in Connecticut both states are messed up but this person had to know it was an 01. he had the top end rebuilt and more stuff including a graphics kit. ugh well if i find out that i cant do anything ill at least ask for some cash considering i also need to get a new clutch.
- Thread starter
- #6
how to file.......
ok this is the offtopic section so here it goes you can read here http://www.dirtrider.net/forums3/showthread.php?t=179368 and i got straight up scammed. :( now i want to know if i can file something against this person. there is no way he had the bike for 2 years and bought it off his friend who had it for a year didnt know it was an 01. i found out in 2 days and this is my first 2 stroke! any help here? oh and i am pissed so i may flip on someone sorry if i do :pissed: lastly is there a huge diffrence between the 2 bikes
also please dont judge me and say ask you parents but im only 14 my parents told me to find out myself because they dont like dirtbikes
ok this is the offtopic section so here it goes you can read here http://www.dirtrider.net/forums3/showthread.php?t=179368 and i got straight up scammed. :( now i want to know if i can file something against this person. there is no way he had the bike for 2 years and bought it off his friend who had it for a year didnt know it was an 01. i found out in 2 days and this is my first 2 stroke! any help here? oh and i am pissed so i may flip on someone sorry if i do :pissed: lastly is there a huge diffrence between the 2 bikes
also please dont judge me and say ask you parents but im only 14 my parents told me to find out myself because they dont like dirtbikes
- Thread starter
- #8
yeah i guess but im still mad at this kid.
EDIT: heres a link to pictures of my bike
http://s950.photobucket.com/albums/ad347/smmy15643/?action=postupload
if you dont know my yz is the blue one
EDIT: heres a link to pictures of my bike
http://s950.photobucket.com/albums/ad347/smmy15643/?action=postupload
if you dont know my yz is the blue one
2strokerfun
Member
- May 19, 2006
- 1,500
- 1
Well, you aren't old enough to enter into a legal contract in any of the 50 states that I'm aware of. That's in your favor. But you have to go to court to void or nullify a contract. Unless you get your parents to talk to him or his parents. Otherwise, consider it one of life's many lessons and do your homework before trading for, or buying something. You aren't the first and won't be the last person to be taken.
rmc_olderthandirt
~SPONSOR~
- Apr 18, 2006
- 1,533
- 8
Have you tried contacting the seller and simply asking to trade back?
How did you find out about this bike and make the deal?
According to the AMA website both Massachusetts and Connecticut require dirt bikes to be registered, which would mean that the bike should have had some sort of state paperwork that would have had the VIN number and model year on it. Did you get any such paperwork?
Do you have any proof that the bike was advertised as being an '03, such as a copy of the ad?
Were your parents involved with making this trade? I assume because you are only 14 and this trade happened across state lines that someone had to drive you.
If you really want to trade back then the best bet would be to take the seller to court. If you managed to make the trade on your own then the easiest approach would be to "disaffirm the contract", where by you basically say that you are a minor and therefore can not legally make a contract such as this. If your parents were in any way involved, however, then the seller can claim that he traded with your parents, not you.
If that is the case then you might still prevail if you can demonstrate that the bike was mis-represented. A bill of sale, copy of the ad, an email exchange, or something similar that proves that the seller was promoting it as an '03 would be essential to this approach, otherwise the seller could simply claim that he had sold it as an '01. The burden of proof will be on you.
The real bitch about taking him to court is that you will need to sue him at his location, and since one of your parents will need to accompany you the required travel and time off may not be worth what you are trying to collect.
As I mentioned above, the bike should have had some registration paperwork with it. If the seller didn't have any paperwork then it is entirely possible that the bike was stolen, which would mean that your problems are only just beginning.
Like 2strokerfun said, this will certainly be a life lesson for you. Don't take anyone's word on what something is, know what you are getting. A little homework ahead of time would have taught you how to decode the VIN and establish what year it was before you completed the trade. You should also have insisted on a Bill Of Sale, that specifically states what you bought and how much you paid for it. If a vehicle is supposed to have registration and/or title paperwork and it doesn't come with it get a "Statement of fact" from the seller explaining why the paperwork isn't available.
rod
How did you find out about this bike and make the deal?
According to the AMA website both Massachusetts and Connecticut require dirt bikes to be registered, which would mean that the bike should have had some sort of state paperwork that would have had the VIN number and model year on it. Did you get any such paperwork?
Do you have any proof that the bike was advertised as being an '03, such as a copy of the ad?
Were your parents involved with making this trade? I assume because you are only 14 and this trade happened across state lines that someone had to drive you.
If you really want to trade back then the best bet would be to take the seller to court. If you managed to make the trade on your own then the easiest approach would be to "disaffirm the contract", where by you basically say that you are a minor and therefore can not legally make a contract such as this. If your parents were in any way involved, however, then the seller can claim that he traded with your parents, not you.
If that is the case then you might still prevail if you can demonstrate that the bike was mis-represented. A bill of sale, copy of the ad, an email exchange, or something similar that proves that the seller was promoting it as an '03 would be essential to this approach, otherwise the seller could simply claim that he had sold it as an '01. The burden of proof will be on you.
The real bitch about taking him to court is that you will need to sue him at his location, and since one of your parents will need to accompany you the required travel and time off may not be worth what you are trying to collect.
As I mentioned above, the bike should have had some registration paperwork with it. If the seller didn't have any paperwork then it is entirely possible that the bike was stolen, which would mean that your problems are only just beginning.
Like 2strokerfun said, this will certainly be a life lesson for you. Don't take anyone's word on what something is, know what you are getting. A little homework ahead of time would have taught you how to decode the VIN and establish what year it was before you completed the trade. You should also have insisted on a Bill Of Sale, that specifically states what you bought and how much you paid for it. If a vehicle is supposed to have registration and/or title paperwork and it doesn't come with it get a "Statement of fact" from the seller explaining why the paperwork isn't available.
rod
- Thread starter
- #11
you know what rmc_olderthandirt your right about all this i think. i mean i got recorded phone calls and everything. after i found out i started to record them, but really i mean the maybe 3 to 4 hundred doller diffrence isnt worth it at all. i have proof he knew because he put a weisco piston in witch i researched and found the 2001 an 2003 are diffrent and a couple of phone calls. but its really a waste of time. i traded a work a.t.v for a fun bike in my opinion i still got a good thing out of it. i love the bike the 6 gears is a blast also the 03 only has 5. but really im all good just had to calm down a bit thanks guys.
also from now on ill definitly be running these vin numbers when i buy something, witch may be soon because i want to trade or sell my 150f way to small for me
also from now on ill definitly be running these vin numbers when i buy something, witch may be soon because i want to trade or sell my 150f way to small for me
2strokerfun
Member
- May 19, 2006
- 1,500
- 1
And it is better to learn a lesson like this now than to wait until you are 30 and buying a house !! Good luck and go have some fun with it.
My son and I found a 80 something xl80 atop the scrap metal heap at the recycling yard, it needed a spark plug cap. I got a 83 CR480 for 1600, and still a few hundred away from done for me. My 97 franken Honda has been nothing short of a nightmare of thieves and fools to deal with on used parts. From ebay to the guy across town, you have got to be kidding me? Good and used parts do not go hand in hand, and race ready is time to run away! And, never raced is not very good either. Make a rough plan of what you want to do, keep it or learn? A ruined engine is nothing compared to suspension and frame issues. Any decent running used mx bike is worth at least 3000 dollars, in my book. And the 100 dollar bike, will probably cost me 3000 by the time I am done. BUT, that WILL be race ready. And lucky to get 1800! Vintage Bob
Someone
Member
- Mar 12, 2001
- 865
- 0
Give the guy the opportunity to make it right, if he doesn't, first TELL him you will take him to civil court, if that doesn't work, TAKE him to civil court. He won't win if everything you're stating is true and you have proof he mis-represented (intentionally or not) what the bike was. It's a pain in the ass, but revenge is one of my strong suits, even if I end up spending hours and hours getting it done.
- Nov 25, 1999
- 7,926
- 43
Live and learn. Best to research before you deal. At 14, most states will not allow you to enter into any type of contract, including a trade without a parents consent. If you made the trade with another minor, the whole deal would likely be nulled and each of you would get your original stuff back AND get both or your parents a stern admonishment from the judge and make both you pay court costs and attorneys fees. Let it go and check in with DRN before you make another trade or purchase of a used dirtbike.
BTW, fraud is the intentional misrepresentation of something in order to gain a financial or other advantage over another party. It is difficult to prove. Misrepresenting something can and usually be just a mistake.
BTW, fraud is the intentional misrepresentation of something in order to gain a financial or other advantage over another party. It is difficult to prove. Misrepresenting something can and usually be just a mistake.
