Purchased A Defective 4 Wheeler

[Willem]

Please refer to a letter I just wrote to the person I am pursuing for damages. Is this something an attorney would be able to assist me with? I live in Spring Hill, Fl in Hernando County. I purchased the 4 wheeler from a private party in Pasco County. The seller would have the money to pay whatever the courts award. To be honest, I don't know if I even have a case worth pursuing through the courts.

I truly appreciate your response to this. Thank you in advance. 

 

 

I am writing this letter to formally recap our previous transaction and make sure it is clear to you as to the recent updates.

 

Towards the middle of November, I purchased a [vehicle] from you. Prior to the executed purchase, we agreed on a price and pick up date. Our pick up date was set-up for a later delivery due to a repair you planned on resolving prior to delivery. It was clear that a replacement of the starter clutch was going to be taken care of. The [vehicle] wasn't picked up or paid for until the repair was done. At the time of delivery, it ran great. Days after delivery, I took it out for a total of 5 hours riding time. During this drive time, a few minor items were found to have minor problems. These items were not represented in a good working manor. So at that point, I understood these items were my responsibility. A couple of days later, I tried moving the [vehicle] from one garage to another. At this time, there was a loud noise that occurred when pulling the clutch arm. My boy friend immediately called you to ask if you had any idea of what it was. Since you weren't available, he left a voicemail. After 7 days of no return phone call, we chose to take the [vehicle] to a reputable repair shop. The same shop of which you frequently visit and purchased the starter clutch from.

      When I initially spoke to [the shop], he thought the [vehicle] may need a new wear bearing. Of which, if this was the case, I expected a bill for around $400. Again, I felt that this item would be my responsibility since you didn't specifically state this item was in good condition. Unfortunately, after many hours of diagnosis, it was found that this was not the problem.

 

               Based on the diagnosis of the repair, it was discovered that there was a missing screw in the recently installed starter clutch. Since the screw wasn't installed properly, it came out and circulated itself throughout the starter clutch, flywheel, oil valley and over the primary drive side and clutch. Numerous parts were damaged from this less than adequate repair that you performed. This error was unable to be detected at time of purchase. This is the item that you repaired. As a matter of fact, I waited for delivery until this repair was completed and told it was done correctly.

 

               The estimated repair at [the shop] is no less than $2,911. This is only the beginning of the repair bill. Once the repair begins, there may be additional parts in need of replacement. At this moment, I have a loss of 30 days of use. I can also expect an additional 30-45 days for the repairs to be completed due to ship times on parts and the actual labor to be done.

 

               When it was made known to us of the unexpected repair, we contacted you immediately in hopes that you take care of your responsibility with the repair you did. You were told that the [vehicle] is at the shop and available for you to look at yourself so you would see firsthand of the repairs needed from your mistake. It has been available for you to view for the past 2 weeks. I asked the shop to leave it available for you to see for another week. You have been verbally told twice. You said you would go look at it. But for the past week, you haven't been responding to your voicemails or phone calls. I can only assume that you hoped I would go away. I have given you the benefit of the doubt more than I should have.

 

               Ultimately, I request the repair bill from the damages to be paid by you. It would put the [vehicle] back into the condition it was given to me in. Since I understand that I  purchased the [vehicle] for $2,200. The repair is higher than its value. If this is not what you would prefer to do, I am requesting you to take the bike back, pay for [the shop's] diagnostic bill and refund my money in full. I request my new tires to be left with me. The new tires have ZERO miles on them. They are brand new. If you aren't interested in having the [vehicle] back, my final request would be for you to refund me $1,800 and I keep the [vehicle] for spare parts and take care of the diagnostic bill.

 

Please remember, we called you 7 days prior to bringing the [vehicle] in for a professional diagnosis. The [vehicle] is still available for you to personally view for the next week.

 

[Damh]

Did he install the starter clutch himself or did he have a shop do it?

 

[Atherton]

Thank you so much! Your tips are greatly appreciated. I changed the letter and plan on sending it out shortly by Fed Ex.

[Sigehere]

heyitsme94:thanks so much! Your guidelines are greatly appreciated. I altered the notice and intend on delivering it out briefly by Given Ex.<br />
Send it normal email aswell. The postoffice has these verification of shipping stickers for around eighty cents.<br />
Return to this line if you want anymore aid. It's going to provide it towards the the surface of the lively checklist and that Iam here each day.<br />
 <br />
 

[obediah]

Yes. [He] installed it himself. He purchased the Starter Clutch at [a company]. [He] is a CAT mechanic and is very knowledgable with 4 wheelers. He has been working on them for many years.

[logen]

You then may have anything because of the incorrect installation.<br />
Usually, you purchase used products ASIS. However it seems the fix was an ailment of the purchase. And because he made it happen herself he thinks any guarantee conditions that may occur. What is inside your benefit is the fact that the deficiency became obvious inside a really small amount of time after purchase.<br />
If he does not react positively and rapidly, it is best to prosecute him in small-claims judge for that 11 and find out how that goes.<br />
Should you have not delivered the notice however, it is best to simplify it and simply need the fix price of 11 as well as the analytical charge and omit another options. When he's offered using the suit, allow him provide options. Do not bid against oneself. You are eligible for the restoration price. Period.<br />
Additionally provide him a contract day, after which it you'll document suit.<br />
I also recommend you complete the little states criticism and connect it towards the need notice to exhibit him that you simply suggest business and understand what you're doing.<br />
Subsequently, for that second, restrict your discussions to "spend or get sued." Period.<br />