What is the name of your state (only U.S. law)? CA

I recently purchased a motorcycle that was notified by me from the seller that had been in accident but he went over every COSMETIC (he told me only cosmetic damage) part that he knoes that had damage when I had asked about the slight leak he said it was normal. When we agreed to for the transaction to take place he drove the bike to my house and sold it to me at my house. The next day I noticed a consistent leakage form the bottom of th eengine and noticed paint cracking off. IT was then I discovered that the whole right side of the engine had been weldd on and attempted to be covered by paint. The guy acknowledged the fact he knew about it and "forgot" to tell me in a text message. But he is denying any refunds watsoever. I am plannign to take him to court for a refund or the cost of the new engine. I did sign a bill of sale, and it does state as is from the dmv bill of sale sheet. Do I have a case to build on this guy?

The oil leakage does pose for a danger for the rider and the weld does affect the structural integrity and safety of the bike

How should I go about taking this case to small claims court.

Normally used vechile sales are done "as is" you had a duty and obligation before the sale to take the motorcycle to a third party to have it checked out.

So most likely since you chose not to have it checked first, you have little case.

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Originally Posted by Fr_Chuck

normally used vechile sales are done "as is" you had a duty and obligation before the sale to take the motorcycle to a third party to have it checked out.

So most likely since you chose not to have it checked first, you have little case.

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Insnt that considered intentional concealment though?

You knew it had been in an accident, so it's not like he really tried to hide the knowledge from you. If you chose not to have a mechanic look at it before you bought it, that's going to most likely wind up being your problem, not the sellers.

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Originally Posted by froggy7

You knew it had been in an accident, so it's not like he really tried to hide the knowledge from you. If you chose not to have a mechanic look at it before you bought it, that's going to most likely wind up being your problem, not the sellers.

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Paint was used to "cover up" the weld...

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Originally Posted by fusioneclipse

paint was used to "cover up" the weld....

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It's as is - it's your duty as the purchaser to have it checked over.

You can, of course, always sue in Small Claims but I don't think you will win. Unfortunately, it's buyer beware.