Do I have a small claims case?

[jasonrev]

About two months ago I bought a last years outlander max from a guy in fort mac. Being he was 14 hrs away from where I lived, we decided to meat half way in hinton. Prior to meeting him he did not disclose any damage on the machine. When he showed up the bike was dirty, had rips in the seat and two up seat covers and the floor board was cracked. He asked me if his wife disclosed the seat rips and I said no. He said he has the covers on order and he even had it on the bill of sale. I probably would have leaft the bike there but being it was a 14 hr round trip I did'nt want to leave empty handed. I looked the bike over pretty hard and it looked mechanically good which besides wore out front brakes it is pretty sound. He did'nt offer to do anything about the floor board so I figured I would eat the $125 bucks... no big deal. After cleaning the bike up and putting 600kms on it I am pretty happy wth my purchase, however I have not seen the new seat covers. At first he said that raven motorsports was screwing him around and he said he would just give me money to purchase the covers myself. Since then he has fallen off the face of the planet he won't return calls, texts or e-mails. I know it's only a couple hundred bucks but I want him to honor the deal we made and pony up for the covers. Being that I have a bill of sale stating he was going go good for the seat covers, do I have a leg to stand on in small claims court. I am just curious.

 

[imdoo'n]

sure , but try to collect, if you find him, i'd say you have what you have, should have discounted price at time of sale.

 

[GANK]

I wouldn't bother. lesson learned. now in the future you know to not bother adding additional deals to one sale. always take what you are buying as is.

 

[Murminator]

I wouldn't bother. lesson learned. now in the future you know to not bother adding additional deals to one sale. always take what you are buying as is.

X2 probably spend more dicking around than what a new cover is worth

 

[jasonrev]

Ya you guys are probably right. I got suckered! I thought he was a good dude that would honor a deal. I would have done a little dealing on it when we met however I had a cheque from the bank made out to pay out his loan on the bike to release the lein

 

[Stompin Tom]

You want to take a guy to small claims court over a ripped seat? Really? Somebody from out of province? He can simply state the deal was made in Alberta, therefor the claim should be made in the courts of his home town. You get to travel another 14 hours over a seat cover?

Have you thought this out?

 

[the_real_wild1]

Lesson learned as you say.

 

[Cyle]

Depends how much you want to prove a point. I would gladly sue someone for a dollar if they deserved it bad enough and in the wrong and though they can get away with it.

Pretty sure you have to sue in the province the incident occured, but if you were planning a trip there and wanted to prove a point it's not hard and would cause them a lot of grief that is if you can find them.

But it is a lesson learned, i've had the same thing, you get screwed because of the drive.

 

[jasonrev]

You want to take a guy to small claims court over a ripped seat? Really? Somebody from out of province? He can simply state the deal was made in Alberta, therefor the claim should be made in the courts of his home town. You get to travel another 14 hours over a seat cover?

Have you thought this out?

For me it would be more to prove a point than anything. I have already had to put around $250 in unexpeted expenses when I bought the quad, I am no really worried about another couple hundred. It just really bothers me that he makes false promises to get his money and he does'nt deliver on our purchase agreement. More than likely it would be a big pain in my ass to follow through but it would be great to be a thorn in his side and make him pay for his false promises.

 

[rzrgade]

On average this will cost you about 3000 $, to win what 150$ .It sucks ,lesson learned. Try this next time; If you are buying for 10000$ let`s say ,take a bank draft for 9500 and the rest in cash. If it was not what it it should be , you have 500$ +/- to negotiate with to make the deal fair.............

 

[BDF#900]

Small claims decision will only prove ink sticks to paper. Always complete the deal at the time of payment, don't expect any promises to be kept and you won't be let down. Have taken bank draft for full amount to finish deal, only to find out goods were not as advertised. Amazing how fast vendor can come up with a couple hundred to refund you, before you drive away with your cheque. More than one way to skin that cat.