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  1. #1
    Join Date
    Jul 2017
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    11

    Default Do You Have to Refund a Used Vehicle Sale if You Misstate the Mileage

    My question involves a consumer law issue in the State of: Iowa.
    I sold my motorcycle to a buyer on Craigslist. I stated that there were 8700 miles on the bike. He brought a "friend" that owned a dealership to look at the bike. The friend examined it. He examined it. The friend rode it and told him to buy it. We had agreed on $11,000. He gave me $10000 in cash and a check for $1000. He then followed me to the bank (30 miles away) to get the title.
    Upon arrival he stated he was happy with the bike. I got the title. I signed it. He signed it. We shook hands and left.
    Later that night he texted and said the bike had 24000 miles and he wasn't sure how he felt about it. (Long story shorter...i had mistakenly advertised the B trip odometer.)
    He stopped payment on the check for $1000.
    What should I Do? Am I legally obligated to buy it back? Should I pres charges for the check???? The bike is worth more than 11000 even with the 24000 miles. He got a great deal!! Help!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Motorcycle Transaction

    There is a huge discrepancy between 8700 and more than 24000.

    If the guy is willing to let the sale stand at $10000 I would count my blessings and let this go. Otherwise plan on buying the bike back for the remaining $10,000

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Motorcycle Transaction

    Are we talking about a sport bike or a cruiser?

    You bought this bike new or used? If used, how many miles were on it when you bought it?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Jul 2017
    Posts
    11

    Default Re: Motorcycle Transaction

    Quote Quoting Who'sThatGuy
    View Post
    Are we talking about a sport bike or a cruiser?

    You bought this bike new or used? If used, how many miles were on it when you bought it?
    It is a 2009 Harley Davidson Street Glide. It is a Touring class bike.

    After some investigation we discovered that the title that was sent to the bank was for 13000. However the dealer states there was 19000 at time of sale. I (at one point) thought there was 86000 due to there being two trip odometers and I misread the decimal (8600.0). I was not concerned about the miles when I purchased it at full ask from the dealer. I put 5000 miles on it in 3 years. I made an honest mistake.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Motorcycle Transaction

    It looks like the dealer was right that they sold the bike to you with 19k on the odometer.

    No judge will believe that you didn't know the true correct mileage. You're borderline criminal on this. It really looks like you misrepresented the mileage on your motorcycle and that is criminal in all 50 states as it is a federal crime to commit odometer fraud. Just by misleading someone about the mileage could land you in some very hot water.

    To stay out of that hot water, I would do what the buyer has asked me to do. If he wants is money back, give it back to him. This could cost you more then you made off the sale of the bike in legal fees. Good Luck
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  6. #6
    Join Date
    Mar 2013
    Posts
    17,916

    Default Re: Motorcycle Transaction

    Quote Quoting ericalinn1
    View Post
    Later that night he texted and said the bike had 24000 miles and he wasn't sure how he felt about it.
    While I agree that you should undo the deal to cover your butt, it would be a good idea to call him and see how he feels about it now instead of letting this fester.

  7. #7
    Join Date
    Jul 2017
    Posts
    11

    Default Re: Do You Have to Refund a Used Vehicle Sale if You Misstate the Mileage

    So I took your advice. I secured financing for the $10000. Messaged the guy to arrange a time to pick up the bike. He says it is too late. He has it in the shop being modified. ( Bike is too big for him. Tip toes when sitting. Handlebars too low for him.) Should I consider it a done deal and he is keeping it? He won't respond to further inquiries about keeping it.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Do You Have to Refund a Used Vehicle Sale if You Misstate the Mileage

    Yes and technically you could go after the $1000. I'm not sure I would push it but you could since there has been no demands to rescind or modify the contract the original contract is in full force.

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Do You Have to Refund a Used Vehicle Sale if You Misstate the Mileage

    Whatever you do, do not respond via text message about the mileage on the motorcycle. Do not give him anymore evidence in the event he wants to pursue the mileage issue. It's up to you what you want to do with the $1000.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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