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dispute with seller of ATV, how many days do we have to return it
Indiana, PA
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Posted 11 months ago in Lawsuits / Disputes
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Return of atv:
In August, we purchased a new atv on a saturday. Once we brought it home we could not get it to start. We returned it on MOnday morning and explained that we could not get it to work. The dealer said he would look at it and we said no we just wanted our money back because we did not want to pay for a new atv that already had problems. He would not give us a receipt. We immediately called our credit card company and explained. THey said that they would take the disputed charge off our credit card and contact the dealer. THen the dealer would have 45 days to respond. The dealer did not respond and states that the credit card company just took the money from his account without notifying him. The dealer sent us a letter stating that he was going to sue us for the atv plus the five dollars a day for storage fees. He said that he could not resale the atv as new now because it was titled to us. Could he not have stopped the title work being that we returned it in less than 48 hours? The credit card company said that they would mail him a letter but he refuses that he received anything. He is now trying to get a civil judgement against us for this. Is this legal? Do we have so many days to return an atv that we bought new? Thank you.
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Answers (1)Scott Lester Bonder
This attorney is licensed in Georgia.
Posted 29 days ago.
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The answer to this is state specific. You need to hire a lawyer in your local area to help figure out your rights. In Georgia, where I practice, you likely did not have a right to return the ATV unless the contract provided for such a right. Instead, you would have to comply with the lemon law, attempt various repairs, and then enforce your rights under the lemon law.
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