Reply With QuoteIf you had not spent the money then give it back........ now you are ****ed, good luck bud.
You know you only have a 50% chance of coming home a winner, just like he does.
Remember that you are going before a judge that most likely will not have a clue about motors. They will see the statement from the other guys shop that says it is an 88 and they will go with it. The judge will not want to hear your explanation about moving parts vs not moving parts.
Again, save yourself the aggravation and give him his stuff back.
Great advice
If you had not spent the money then give it back........ now you are ****ed, good luck bud.
You know you only have a 50% chance of coming home a winner, just like he does.
so how do you determine how old something is?
the parts that dont move or the parts that do move...
the "engine", trim unit and "lower" are 94 the mid section is a 88
what year is the motor?
When you sold the engine or traded or what ever....
Did you/or your ad, lead the guy to believe he was buying a '94' vintage motor? OR did your ad say it was a piece together of mixed years?
Are you even sure what you were selling?
Course, regardless of what it was the buyer should have determined all that before he went through with the deal. AS IS where is....DUH!
:idea: You can file a counter claim. Maybe this traded engine wasn't all the plaintiff said it was.
Why not invite the plaintiff here to argue his side of the case? Or since you left your name on the complaint he can copy this thread and use this against you in court.:jawdrop:
Sorry, You will lose no way around it. Judges do not care about working parts or moving parts. A 1994 anything is a 1994 anything. Not some of this or that. At the very least, if anything goes in your favor, He will split it somehow.
Small claims are not trials, there will be no nitpicking like on Judge Judy. If the whole thing is not a 1994, YOU WILL LOSE.
Tommy
so lets get this straight a 00 civic hatch has a 96 door on it and all is in safe working condition.
the vin number on the replaced door says 96 the car is a 00 does this have to be disclosed?
The engine is what generates the power.. sounds like you where not deceptive. The engine is the engine and the drivetrain & transmission is not the engine. If it had a 1988 prop on it could he sue you? NO the prop is not the engine. Tell him to pound sand....He just wants his money back because he can't just bolt it on to his boat. Best to referrer to the powerhead as a engine not a motor.. motors are mostly electric
I also made it clear to him i had replaced alot of parts when i bought it because it had been kept in saltwater and ran by a fellow whom didn't believe in fresh water washdowns. He never asked for me to be more specific so i didn't get into details.
I left it with him the motor runs, you need to some work on before you run offshore, and i also made it clear it was sold as is.
You need to respond to the claim, Ask for further clairification from the suzuki dealer in writting. Then you can get further clairifacation from the mechanic that inspected the motor. Get his statement as to how he thinks you mis represented the item you sold (Show him the craigs list ad). Ask him what fair market value is for your motor. Ask him to put it in writting.
You may be in the right if you can show the judge that you also followed up and talked with his expert witness. His expert did not see a problem with using a 1988 mid-section on a 1994 motor. That the real problem he saw with the motor were???
Do you have any receipts from the mid section swap? Was it professionally installed?
If you sold him junk, then you owe him.
I also made it clear to him i had replaced alot of parts when i bought it because it had been kept in saltwater and ran by a fellow whom didn't believe in fresh water washdowns. He never asked for me to be more specific so i didn't get into details.
I left it with him the motor runs, you need to some work on before you run offshore, and i also made it clear it was sold as is.
Do you have proof or is that just what you told him? Without proof, you are pretty much screwed. It sucks, but that's the way it is.
What does the serial # say it is ?
My truck is a 2004, if I put a 2006 motor in.. How would I list my truck for sale ?
well are you selling the truck with a motor or a motor that includes a truck?????
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