Well, if your friend cant prove it was okay before he sold it, then he may have issues. If however te guy he sold it to used it with a 40amp esc, then I'd say it was user error by him. The hvmaxx motor is for use with the hvmaxx esc, or a similar spec'd esc- mmpro for example which is rated for about 80-100amps. Making the buyer realise this will be fun though....