A private sale is vastly different than a dealer sale. Playing devils advocate, DD states he was told it was a 2007..OK the seller made a mistake...the year may even be in the Bill of Sale or is it just a serial number. A private deal offers no warranty. The fact that this cart was a refurb from a golf course should be no suprise unless the bill of sale states NEW. Even if the year (2007) is listed on the Bill of Sale, how do you prove that the "Private" seller was aware the year was something other than 2007. DD probably bought this cart for approx. $3000. If DD went to small claims, he would be lucky to get a couple hundred dollars asssuming he could prove the seller willfully was fraudulent. Otherwise the courts would view this deal as a transaction between 2 willing partners.
If the seller was a dealer, the transaction takes on a differnent perspective for the dealer should have known what year cart he was selling. Burden of proof would be less for the buyer, and DD would have a beter case in court. If the seller claims to be a private seller, a good strategy would be if you could show the seller bought a number of these carts from a golf course, rehab'd them and is now selling them (a number of them) to the unwitting public. What makes a person a private seller vs a dealer?? Does he have a license to sell multiple carts, Is he collecting sales taxes. There are otherways to skin a cat if the guy is a real crook.
However if this was a one time deal between private individuals, I still say its buyer beware. I mean champion6 found a way to identify what year a golf cart was manufactured...why didnt DD do the same thing?
I learned a long time ago, do not let your emotions or what you think should be right guide you in the wrong direction. You need FACTS and more FACTS along with some basic knowledge of consumer laws to prove your case in court.
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