Question:

Even though NYC is "Buyer Beware", can I still sue for someone selling me a lemon?

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I bought a motorcycle for $5,500. It looked and sounded great when I tested it. About 40 miles later, after the money changed hands, something with the oil pump went and the bike might be ruined.

The dealer said it had probably not been driven in a long time as the mileage is only 6100 on a 2001 bike.

I ran a carfax on the VIN and saw it was in an accident costin over 1000 in damages. The guy never mentioned that and advertised it on Craigslist as in Excellent condition.

I haven't paid to get it registered in my name yet.

Do I have a chance in small claims court?

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3 ANSWERS


  1. I've been in the car business for six years and i know that if you scream loud enough to a dealer they'll probably settle.  My suggestion would be to have the bike inspected by a body shop for frame damage.  If they show that the structure of the bike is weaker because of the accident, then you have a d**n good case.  Your life could be in danger if you crashed again.  No matter what, dealers HAVE to disclose frame damage.


  2. 1000 in damages probably resulted in a lay down, not neccesarily a crash.  And i doubt it had anything to do with the oil pump.  

    But since you bought it from a dealer, you may have a 30 day limited warranty, most dealers carry that.  Read over your contract or bill of sale, if it say as-is or no mention of warranty you are out of luck.

  3. not much sorry/// you should have check it out more before buying..

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