Hey all, I just bought an 03 xb9r, 8k miles, race muffler, k&n, hid headlights. Good overall shape. Some scratches and gouges, but nothing I can't fix. Paid $3000. Long story short, I come to find it has a rebuilt title which the seller never disclosed and now the seller is ducking me. Should I eat my losses or pursue this legally?
Well, $3k is a good price. Also a rebuilt title doesn't always mean something that serious. A lot of insurance companies will write off the bike of it has bent forks, swing arm and or frame damage and it could be very minimal damage. I picked up tons of parts and frame and such for my build and the bike had been totaled but there was only front end damage and the forks bent
I wouldn't have paid 3k for a salvaged 03, but that's just me. Honestly if he never disclosed it then you could pursue legally and whatever part caused it to be totalled could be ordered to be fixed by the court or they could just tell you to give the bike back and get a refund.If the the owner claims the parts were fixed then it should be as simple as getting it in document form from a harley/buell dealer that it is in mint condition before your resale.
Honestly if you plan on keeping it long term it shouldn't matter, but it will drop the value if you decide to resell. I'd look into small claims court and get an opinion from an attorney.
Did you not see the title before you purchased the bike?
The title should have been signed over to you during the purchase process. If it was not stamped rebuilt then . . it should not be rebuilt. Or did the seller forge something?
I'm not sure the facts here are enough to help you one way or another.
The bike is in good shape, the repairs have been made and inspected by the state and reissued a "rebuilt" title. My issue is not with the bike, it's the value. I looked at the title, but did not see it until a day later, it's written very small at the bottom. The value being affected is my issue, I would have not paid $3k for a bike with a rebuilt title. He never disclosed that information, in his ad, all of our correspondence (texts) or on the bill of sale. Should I just eat my loss and keep the bike, or pursue it legally? Thanks everyone for your time and advice, I really appreciate it. I love buells and just wanted a nice bolt to wrench on and enjoy.
In the bill of sale, does it state "as is" ?
If it does, then he knew about the title, and unfortunately, you took ownership.
If not, you might have grounds to seek legal counsel, and recover some of the funds.
Check your states laws.
I am not a lawyer, but . . . you state yourself that you failed to notice the title as being rebuilt. Therefore, it is highly unlikely you would have any grounds for claim. The only possible way I could see is if seller represented to you that it was a clean title, advertised it as such, etc, but still, when the title was in your hand during the transaction, you did not notice the rebuilt tag.
Caveat Emptor my friend.
I would battle it if it was not an as is sale and he did not advise you of it being a rebuilt title. At least get some money back. Especially try to get it back from someone that tired to hide it from you if that is what happened. Serve them the karma they deserve. However if he did warn you anywhere is those texts that its as is or was rebuilt your pretty much stuck with it.
He said verbally it had a good title, on the bill of sale, it says that title is free of Leins and the bill of sale does say as is. I guess I just ate $1000 huh? I hope that the seller feels regret for concealing something he should have been upfront about.
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