I think i am in trouble please help

im calling this d bag right now im telling him ill pay for the weld/weld it for him

[quote=“HotRodKid,post:12,topic:25096"”]

legaly, under new york state law, any private party vehical sale is AUTOMATICLY an “as-is” sale

it was also his responsibility to fully check the sled out before taking it home, and the fact that he took it in NON RUNNING condition just makes your case stronger

also, the damage he complains about is obviously in a hard to access place … its not like theres a piece of the cylinder head missing … he has no right to assume that you knew about it

and i think that because he picked it up here, he would have to take you to a buffalo small claims court (could be wrong, check on this) so it could easily wind up being a pain in the ass for him to take you to court

[/quote]

When was the sale though? because NY also has a law that you have 3 days to back out of a contract, including a sale. I had his problem once before, I baught a car and I did not realize it had some shit wrong with it, bad shit. I took it to my mechanic for inspection and he said the car will no way pass, had a bad axle in the back and a few other things, unfortunatly it was too late y then and I had to take the loss. But yeah, he has up to 3 days from the time of purchase to get his $ back to my knowlege.

You are nice. I would do the same thing however, because he knows where you live…

Also - I would say “if the rad was leaking so bad, it would have puked fluid all over the place when you started it up when you picked up the bike…”

[quote=“JEG,post:62,topic:25096"”]

When was the sale though? because NY also has a law that you have 3 days to back out of a contract, including a sale. I had his problem once before, I baught a car and I did not realize it had some shit wrong with it, bad shit. I took it to my mechanic for inspection and he said the car will no way pass, had a bad axle in the back and a few other things, unfortunatly it was too late y then and I had to take the loss. But yeah, he has up to 3 days from the time of purchase to get his $ back to my knowlege.

[/quote]

And thankfully, most of us know that your knowledge isn’t exactly what most people would consider as “vast.”

No, he doesn’t have 3 days.

[quote=“JEG,post:62,topic:25096"”]

When was the sale though? because NY also has a law that you have 3 days to back out of a contract, including a sale.

[/quote]

i know theres a law that states 3 days to back out of a product u purchased via “in home sale”

meaning a salesperson comes to your house to seell you their product, (kirby, rainbow, cutco, ect)

and in that case, they have to have it returned to the sales company by the end of the 72 hours, or pickup has to have been arranged by then

we had to tell a few people to GTFO because they tried to return a rainbow after a week, a few people also got told to GTFO after missing their drop off or pick up appointment …

he didnt answer…the saga continues for all i know he is lighting my house on fire on a side note in the event that i sell something else should there be a neutral location just incase…

friday nigth around 8ish so i think im in the clear if this law really exists

LOL “as is” doesnt always work. I do this stuff for a living and i’ve seen many occurences where something was sold “as-is” and the buyer was able to get a judgement in small claims court. It has alot to do with prior damage. as-is assumes there was nothing wrong at the time of sale. If he can prove there was your done. Just because he gets a judgement doesnt mean its enforceable. He would of course have to file the court claim where the sale took place, he may be making threats he isnt willing to pursue just to see if you’ll bite

[quote=“FASTMOFO,post:25,topic:25096"”]

So its cool to advertise something as showroom while it really has problems?

I know for a fact if someone on this forum bought the sled and they saw problems when they took it home there would be a 10 pg thread up if Stroking didnt make things better for the buyer.

“Wha Wha I bought a sled off Stroking but when I went ot pick it up it didnt start so I told him if it didnt run right when I got home I would be back and when I got it home the rad was all f*ed and its 270 dollars for a new one and he said it was showroom condition wha wha”

you know im right.

[/quote]

morally theres a responsibility. legally there isnt. its his loss its why i dont like selling things. because pretty much people always thinks that binds u to that product it doesnt. say i sold my cobalt and i say paint is flawless guy picks up and then gets home sends me a email he found a dent in the door. iam going to tell him tough shit.

[quote=“Daddie,post:64,topic:25096"”]

And thankfully, most of us know that your knowledge isn’t exactly what most people would consider as “vast.”

No, he doesn’t have 3 days.

[/quote]

lol…I knew there was a 72 hr law but not sure what it exactly pertains to. I was just throwing it out there.

[quote=“sickmach,post:38,topic:25096"”]

its a very limited warrenty say you buy the car all matence done and the engine blows up cause of a crank failure. this would be something the basis would cover now if you were racing and it let go well you are on your own

[/quote]

no it wouldnt how can u prove u were racing or not? theres no implied warranty on a car sale between 2 private partys.DEALERSHIPS by law have to give a 30 day implied warranty. thats why all used car warrantys dont go into effect until after the first 30 days.

[quote=“JEG,post:62,topic:25096"”]

When was the sale though? because NY also has a law that you have 3 days to back out of a contract, including a sale. I had his problem once before, I baught a car and I did not realize it had some shit wrong with it, bad shit. I took it to my mechanic for inspection and he said the car will no way pass, had a bad axle in the back and a few other things, unfortunatly it was too late y then and I had to take the loss. But yeah, he has up to 3 days from the time of purchase to get his $ back to my knowlege.

[/quote]

ur mechanic lied if he said a bad axle fails

[quote=“strokingnova,post:66,topic:25096"”]

he didnt answer…the saga continues for all i know he is lighting my house on fire on a side note in the event that i sell something else should there be a neutral location just incase…

[/quote]

He has a title right? With his address on it…lol

Ok snowmobile = no title, just a registration right?

it had other shit also. that was just a minor issue. evidently the undercarriage had been undercoated to cover the rust and they did a quick patch job to fix the holes in the subframe and shit. the body was garbage. but this was when I was like 17 and really knew nothing about tha shit or what to really look for.

Well, if you knew about the leaking radiator beforehand, the ethical thing to do would be to pay for the repair, especially if you represented the sled in perfect shape. If you were unaware that it was leaking, but didn’t know either way, maybe offer to go halves on the repair. If you know it wasn’t, I’d tell him sorry, get lost.

Realize though that if you pay to have this fixed, the guy isn’t going to leave you alone with every other little problem he comes across. But on the other hand if he does end up taking you to court, even if he doesn’t win (probable outcome), it would still be a huge pain in your ass.

if the d bag answers his phone i will tell him that i will cover the weld and that is it…i honestly had no idea there was a problem, im not that kind of person…and i do not for see him taking me to court in hamburg being it is 4 hours away from him, and well if he does he is in for a world of disapointment because my familys good friend/lawyer is the judge not saying i own shit or anything but he has a very week case. Although im kind of nervous why he is not answering his phone, i hope hes not plotting against me or something crazy like that

ok just talked to him, as we speak more he becomes less combative every time i speak with him, even apoligizing for threatening to sue me, the weld is 40 bucks, should i have him send me pics of the crack, and im going to see how long it will take for the r&r.

yea see the pics and make sure its from your sled you sold him

guy was prolly just pissed about everything. if its 40 bucks, pay the man. better to have a good feedback then negative

1st of all… it’s a snocross sled. The sled has been run it’s course… also…the hole in the radiator…that is not somthing that just sticks out…and it is also a common problem with that type of sled (long ass studs)
Just be a good person and tell him you will cover the welding cost or w/e but nothing more.