In a used motorcycle sale, your legal rights are mostly determined by the paperwork that you sign and what was said to you or perhaps hidden from you during the sale by the dealer (in most states, hiding the truth can be fraud, just like lieing about it can be fraud). Look to see if anything was written down about any kind of warranty or guarantee or right to cancel the deal. If so, then that may be binding on both you and the dealer. When you bought it can matter too. If you bought it very recently, then you may have more legal rights (again, depending on your paperwork and what representations were made to you when you bought it). But that’s still not the end of it. There’s also a federal lemon law that can cover a used motorcycle if you got any kind of written warranty from the seller when you bought it. That can help. And there are other laws that could apply in your state. For instance, every state has a Udap law that can make it illegal for any business to do anything that is unfair or deceptive to a consumer. The only way to know for sure what your legal rights are is for you to talk to a local Consumer Law attorney. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. Thanks for asking and Good Luck. Ron Burdge, www.MotorcycleLemonLaw.com
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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
If the seller represented to you that there was a warranty and there is no warranty then the seller made a misrepresentation. That misrepresentation is actionable. Find a qualified consumer protection attorney here: