Any Law Professionals out there?

[Flippacase]

Hey guys, this might be the wrong section but I was hoping to get some opinions on an issue one of my buddies has recently run into. I'm looking specifically for some Massachusetts people, but all opinions and research are welcome!

Okay so here's the scenerio: My friend sold a supermoto, street legal, registered as a motorcycle, to someone last weekend. Let me just start off by saying that he has owned the bike for just over two years and takes immaculate care of the thing. The buyer (a teenager) takes the bike for a test ride, as does his 25 year old brother. My friend and the buyer reach an agreed price, wrote up a bill of sale (specifying as-is condition), transfered the title, and bye-bye rides the supermoto.

About three days later my friend gets a text from the kid saying "hey you wanna explain why the bike you sold me just blew up". This came as a complete shock to my friend who has never had an issue with the bike in the last two years. According the kid he took the bike out for a ride (unregistered) and was doing "about 45 in 5th fear" when it just blew up.

The kid is insisting that he return the broken bike for a full a refund, and is threatening legal action. The last thing anyone wants is a legal battle, but this kid bought the bike and blew it up and is now expecting his money back, completely screwing my friend.

The kid believes that the "Lemon Law" or "Lemon Aid" law guarentees his money back no questions back.

We believe that
1.) The bike was sold in as-is condition, nullifying any lemon law warranty
2.) Both the kid and his brother test rode the bike, agreeing it was in sound mechanical condition and purchased it
3.) The bike was blown up on an illegal ride, not registered, probably not going "45mph in 5th"

We're not exactly sure what the kid means by "blown up" either. We've even offered to take a look at it in case its something stupid, assuming he doesn't know a lot about bikes, to which he refused.

Any tips or advice would be greatly appreciated! Who do you think is in the right and wrong?

[shpielers]

I wouldn't fork over anything without personally verifying that the bike is dead.

Not that I think you're responsible or owe a single penny. But if you have to, I'd at least want the carcass of the bike back, let alone see it first.

[kaptainkid]

http://www.dmv.org/ma-massachusetts/buy-sell/state-regulations.php

There are no handy guides to selling, like the buying guides listed above. But if you're planning to sell a used vehicle in Massachusetts, the best advice is to be honest. If you're a dealer, the state regulates so carefully that it's just good customer policy. Selling via a private sale? Here are a few things to be aware of:

The Used Vehicle Warranty Law: You, the seller, are required by law to inform buyers about any known defects that impair the safety or substantially impair the use of the vehicle. This law applies to any vehicle being sold for use on the road, no matter its age or condition. If the buyer can prove a defect exists and that you, the seller, didn't disclose it, the buyer can cancel the sale and request a refund.
The Lemon Aid Law: You are required to make sure the vehicle you are selling can pass state inspection. If the vehicle fails inspection within the first 7 days after the sale, the buyer can return it to you and request a refund.
Odometer Rollbacks: Illegal, plain and simple. Get caught and you can be fined, as well as have the sale canceled.

It seems massachusetts laws is very clear about responsibility of the owner. The vehicle needs to pass state inspection and since the bike didn't make it to inspection the buyer has a case.

Here is another link:

http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/private-party-sales.html

The Used Vehicle Warranty Law:

The Used Vehicle Warranty Law applies differently to a vehicle purchased from a private party than it does if purchased from a dealer. Under the law, a dealer is anyone who sells four or more vehicles in a 12 month period. Click here for more information about dealer requirements under this law.

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If the buyer discover a defect that impairs the vehicle's safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, the buyer may cancel the sale within thirty days of purchase. The seller must refund the amount the buyer paid for the vehicle, less 15 cents per mile of use.

The Lemon Aid Law:

This law allows a consumer to void or cancel a motor vehicle contract or sale if the vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. The vehicle must be returned to the seller within 14 days from the date of sale. Click here for more information.

Odometer Law:

This law prohibits both dealers and private party sellers from turning back or readjusting the odometer or mileage indicated on any automobile offered for sale. If the buyer can prove that the seller reset the odometer, the buyer can sue the seller for $1500 or three times the amount of the buyer's damages, whichever is greater, along with court costs and attorney fees. Odometer tampering is also a criminal offense.


Here is 3rd reference for "As-is" sale(Still protects the buyer):

http://www.malawforum.com/content/sellingbuying-automobile

[92xjunker]

I would offer to look at it or require a licensed shop look at it and write a report of finding and probable cause. I would pay for that. And if found to be the new owners fault, he would refund me that cost.

[Flippacase]

Thanks for the wisdom guys, it is truly appreciated. Obviously my friend doesn't want to come off as an asshole, he really is a good guy and is trying to as accommodating as possible. That being said, since the buyer didn't attempt to get the bike inspected within 7 days, the lemon law seems to not apply in this case. That leaves the buyer with making a case that there was a pre existing condition and proving that my friend knew about it. Luckily, my friend truly didn't know of anything wrong with the bike, and would never sell a bike in less than excellent condition. At least the burden of proof falls on the buyer, rather than the seller to defend himself. We'll see where this goes and I'll keep you guys updated!

[carbman]

Wow!!! you've got some pretty obtuse laws over there. Plus they differ by state. Sounds like a complete minefield.
My take on it is:
You sold in 'as is' condition and have the signed acceptance note from the buyer. Seems okay to me.
If the buyer was riding on the road without being legal and having the bike inspected professionally/legally, he's on pretty dodgy ground.
I would be as courteous and helpful as you can towards the buyer, but don't re-imburse any money. He's already offered to have a look at the bike and the lad has refused. Not very accommodating.
Anyone can threaten legal action, but not as often do they go through with it. Also keep an immaculate record of dates and times, just in case.
If I was your friend, I don't think I would be too worried. (Easily said when I'm thousands of miles away.)
Good luck.

[steves]

You don't really get to use the lemon law for something sold used, as is.

The burden of proof is on them to prove that your friend sold him something that was broken before hand, but my guess is any court is going to tell him to go pound sand.