From: Russ.Locascio@f20.n3603.z1.FIDONET.ORG (Russ Locascio)
Newsgroups: misc.legal
Subject: ++ADVICE ON POTENTIAL LAW
Date: Sun, 27 Sep 92 15:23:11 EDT
Organization: FidoNet node 1:3603/20 - Mercury Opus NEC360, St Petersburg FL

MDG>From: mgarber@magnus.acs.ohio-state.edu (Max D Garber)
MDG>Date: Tue, 1 Sep 1992 19:03:59 GMT
MDG>Organization: The Ohio State University
MDG>Message-ID: <1992Sep1.190359.2242@magnus.acs.ohio-state.edu>
MDG>Newsgroups: misc.legal,rec.motorcycles


MDG>I recently bought another motorcycle to add to my collection and this is wh
MDG>happened:

MDG>The day after I bought it, I had to charge the battery each time I tried to
MDG>start it.  My fiance's uncle was there both times and he said that from wha
MDG>saw, it had been charged many times before-I agreed.

MDG>About a week later, it seemed to be running a little rough, so I buzzed to
MDG>bike shop and it came out to a $200.00 bill (replace that Regulator-Rectifi

MDG>The day I picked it up from the shop, it died again.  this time they found
MDG>the battery that was in it was the wrong size and it ruined the first Reg-R
MDG>and would do the same again.

MDG>I ended up with $250.00 in bills between two batteries and the repair.  The
MDG>I bought it from told me that he knew of nothing wrong with it.

MDG>QUESTION:  Does the battery just happen to go bad the day I buy it, or has
MDG>been going bad for a period of time and it had to be charged up to run.

MDG>I was told that a small claims suit would be best fit for this case.  Do I
MDG>anything on him??  this is how the case would look:

MDG>I HAVE:  Repair bills, statements from bike shop stating that the repair wa
MDG>due to the wrong size battery in it, statements from uncle that it had been
MDG>charged many times before.

MDG>HE HAS:  Himself, his mom and dad saying "IT'S NOT HIS FAULT, HE SOLD IT!!"

MDG>I DON'T KNOW...YOU EMAIL ME AND LET ME KNOW YOUR OPINION.

MDG>THE HYPEMAN
Here's my opinion and it's not a legal opinion but one born from
experience.

If the bike is sold "as is" you have no recourse. You can sue but don't
expect the court to see it your way.

If the seller gave you a bill of sale with a guarantee then you might
have recourse through the courts depending on what was guranteed.

I presume that this was a private sale since you mentioned "his mother".
I must then presume that the seller gave you no guarantee, only his view
that it was running ok when he sold it to you.

As for the wrong size battery, if it's charged properly and doesn't lose
it's charge, the vehicle will perform ok. On ANY vehicle where the
battery goes dead, you run the risk of blowing the regulator too. That's
just part of Ohm's law.

I'd say your case falls in the category of "buyer beware". If your State
law deals with this specifically, you may have a case. If your State is
like most of the 50, you`re in for a rough ride.

One suggestion: consider the money spent as part of the price of the
sale. Weigh that against going to small claims court, winning, and then
collecting. The last part (collecting) can leave you with a real sour
taste since it could cost YOU more than you may ever get from him.

Collecting an award requires that you go to the Sheriff and post money
to cover the cost of collection. Then you tell the Sheriff what to go
get, where to get it, and what time the "it" will be there. This all
presupposes that the guy who sold you the bike says he can't pay you
because he's broke, a common occurrence in matters such as these.

When the Sheriff gets "it" and sells "it" at auction, you get your money
that you posted. Then if there is anything left, you get that to cover
the award. If it doesn't cover the award, go back to START and do it
again.

Are you getting the picture yet? The net of it is that small claims
court is a joke. Collecting is not the same as winning. The best way is
to try and settle with the guy or just eat your cost. You got the bike
and with the right battery, I presume it runs just fine.

My advice (free, of course) is to forget it and take your lady for a
nice ride. You'll feel better as she holds on to you nice and tight.
 * SLMR 2.0 * If this were an actual tagline, it would be funny.

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