I bought a motorcycle. The ad and seller stated that it was a ZX9R Kawasaki. Later at home I found out by a VIN research that it is the lower model ZX6R (300ccm less and lesser horse power). It is worth about $700 dollars less. He is not on the title and we didn't write a contract. But I have two witnesses for everything. Over the phone he agreed already to pay me back $300 and I would be okay with it, but now he is not answering the door nor phone anymore. What should I do?
If he get's away with this, I will start doing this too. :-)
Consumer Protection Attorney
Not funny. Not funny even for a joke, and not funny at all if not a joke. My advice to you would have been (before the joke), get a consumer lawyer, but if I were in your area, and you came to me making jokes like this, I would not take you as a client. In law it's called "unclean hands." Nevertheless, assuming you made a bad joke and do not really mean it, take the guy to small claims court, assuming you can find out where he lives so that you can serve him with papers. Based on the facts, you have a case of fraud against the seller.
1 lawyer agrees
Car / Auto Accident Lawyer
A title is the legal document issued by a state department of motor vehicles that describes a vehicle by make and VIN and lists the vehicles legal owners. When that document is altered in a way misrepresenting the true condition of that vehicle, we have title fraud.
Think of any 1970’s cop show or B-Movie with car thieves, repo-men, and shady used car dealers, pulling vehicles into a big Quonset, grinding, chopping, and generally altering the VIN numbers and then printing up a batch of forged titles so they might sell the vehicles for a huge profit. Actually, the activity still happens, which is why states have added micro-printing and watermarks to their title documents to thwart modern printers. When dealing with a title document, always check the edges where the printing should be sharp and hold it up to the light to see the watermark. This kind of title fraud is kin to counterfeiting currency, and most state recognize this activity as a class two or class three felony, with a five to ten year sentence in a state correctional institution. Those who engage in this practice of title fraud are usually desperate because there is another way of altering a title, and it is perfectly legal.Rules relating to deceptive trade practices are dealt under Nevada Revised Statutes, Title 52, Chapter 598 et seq (Deceptive Trade Practices). Section 598.0915 of this Chapter prohibits any person from advertising goods or services with the intent not to sell or lease them as advertised. Under Title 15, Chapter 207 (Miscellaneous Crimes Deceptive Advertising), Section 207.171, it is unlawful for any person to advertise a device by any means so as to induce any person to buy, sell, lease, dispose of, utilize to create any interest in that thing. Such acts are deceptive or misleading. Pursuant to Section 598.0963 of Chapter 598, an Attorney General, upon request by the Commissioner, can bring a suit in the name of the State of Nevada against any person who has engaged in a deceptive trade practice.
Under Section 207.174 of Chapter 207, any person, firm, corporation or any other organization involved in the activity of any deceptive trade practice is liable for civil penalty. The Attorney General or any district attorney can bring a suit in the name of the State of Nevada to recover civil penalty, not exceeding $2500 per violation, against any violators of the provisions of this Act.
Furthermore, under Section 41.600 of Nevada Revised Statutes, any person can bring a suit if he is a victim of consumer fraud, which includes acts under deceptive trade practices.
Pursuant to Section 598.0999 of Chapter 598 (Deceptive Trade Practices), any complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General against any violators can bring a civil penalty not exceeding $10,000 for each violation. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice is guilty of a misdemeanor for the first offence; is guilty of a gross misdemeanor for the second offence; and guilty of a category D felony for the third and all subsequent offences.
Under Section 207.174 of Chapter 207, a civil remedy not exceeding $2500 is available for a person who brings a civil action. Additionally, under Section 207.175, any person, firm, or any officer or managing agent can bring a suit for violation of any of the provisions of this Act to recover criminal damages.
As set forth under Section 41.600 of Nevada Revised Statutes, an action can be brought by any victim of consumer fraud and can recover damages s/he has sustained, including reasonable attorney fees.
As prescribed under Section 484.6062 of Chapter 484 (Traffic Laws), it is unlawful for any person or his agent to disconnect, reset or alter the odometer of any motor vehi
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