Second-hand car from a dealer When you buy a second-hand car from a used-car dealership in the UK, you have rights under the Consumer Rights Act (which replaced the Sale of Goods Act from 1 October 2015). You should expect the car to: be of satisfactory quality (taking into account its age and mileage) meet any description given to you when you were buying it (whether in the ad or in discussions prior to sale) be fit for purpose (in this case, to get you from A to B safely). It's important that you take into account the mileage, age and how the car is described to you. If the second-hand car does not meet these requirements, you have the right to claim against the used-car dealer for breach of contract. You should make contact with the dealer as soon as possible, and can follow our step-by-step tips on how to complain about a second-hand car not fit for purpose. If something you buy is not as described, or the seller is guilty of misrepresentation, you're entitled to: give the second-hand car back and get your money back ask for compensation if you want to keep the car (usually the cost of any repairs it needs).
I think you are being reasonable. Do you have a copy of the advert still? Was it saved in your “watch” list for instance?
You want to push this and get what you paid for, No difference really if it had been a bike with a termi system or rearsets etc that was removed after sale, Just because its a seat makes no difference, They told you a porky already so lets have it who it was??
I do have the original Ad saved with all the pictures. While not specified in the text of the advert i maintain that a a close up picture of the seat is a deliberate part of its description. Therefore a part of the sales pitch.
If that were the case then as in many ads since time began you simply add "blah blah not included"... otherwise, it's sharp practice. For a private sale it's shady, for a dealer who is supposed to be a professional it's misleading. For the sake of their reputation they should be doing something, even if it's "bring it for your next oil change on us" type of a thing.
If the bike was advertised with the seat and you agreed to buy it from the photos, via ebay without seeing it in the flesh, then the seat is yours. If however, you went to see the bike in the flesh, having seen it advertised on ebay and the seat was not on the bike at that time and you then offered to buy it and your offer was accepted then the seat is not yours. It works thus; I advertise something, you offer to buy it, I accept your offer, contract is made, I have to sell you what I advertised and what you offered to buy. However, if I advertise something remotely, you come to see it in the flesh and then offer to buy it, I accept, then the contract is made and you are buying what you saw, not what I advertised. If it was advertised on ebay, you only saw the advert, made an offer which was accepted and then, after you'd paid the deposit and turned up to pay the balance and collect the bike, the bike should be exactly as advertised. Without knowing the detail of the facts it seems to me the seat is yours.
Go to the owner of the outlet, explain that it’s been playing on your mind, keep it civil, ask for a cash adjustment, if he says no tell him/her that you will now put their company name on the forum if that doesn’t work tell them you’ll take them to small claims, they’ve will have made a good profit on the sale so will have to settle for a little less profit, you’re in the right, they would lose I court and will know that.
On the basis of your first Paragraph,second sentence i believe the seat is not mine. My only mitigating point is that i did question it , but to be fair i bought it anyway and hoped to sort the issue out by collection date. I dont think its a good idea to name them either if they are not in breach of anything.
They may not be legally liable - that doesn't mean they are not devious and not to be trusted. This community serves to help fellow owners and potential owners in all aspects of Ducati ownership - so the story needs to be completed really
If you saw the bike advertised on ebay (or any advert for that matter) and the accompanying pictures had the seat on the bike but at that stage you made no offer you simply expressed an interest and went to see the bike in the flesh and then when you saw it in the flesh (without seat) and then made an offer which was accepted, then no, the seat is not included in the sale. However, if you questioned the absence of the seat at the time of making the offer and were clear your offer to buy was contingent upon the bike being as advertised ie with the seat, then arguably the seat is yours. It really does depend upon exactly when the contract was agreed, what was in front of you at that time, and what you believed you were buying. If you want to supply more specific details but don't want the whole forum to read them please PM me.
On some adverts where I have seen an item with wanted goodies on, the seller has made it clear that certain parts will not be included and the originals will go back on. If they showed the seat in the advert and did not say it was not going to be included then you certainly would have a right to raise with them, could they see why your expectation was as it should have been on the bike. If they have pulled a fast one then I suspect their get out is you must have been happy with it as it was when you collected it, otherwise you would not have bought it. In this case you're probably winding yourself up with very little going to get you what you think you should have. If that's the case, learn from it and move on.
Try enforcing it. CAN don’t want to know. Trading standards don’t eithwr. And Scotland is t part of the U.K. it would seem for rules...!!
Send me an email to [email protected]. I didn't know there was a character limit but I suppose it makes sense. Hopefully the draft was autosaved and you don't have to re-write it.
I’m in total agreement with everyone else that you are being totally reasonable. The only thought I had was whether the photo is 100% identifiable as your bike? If it’s not listed in the details, and the photo could be any bike, you might find it harder to argue. I’d contact Citizens Advice or, if you are a member, Which? (Who have a legal team that are great).
Picture, with the seat, is part of the contract. End off. They have failed to meet their contractual obligations. Recompense is due.
