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Help - Legal Advice!!! I Sold My Cbr1000rr

Discussion in 'Other Bikes' started by Jack Aubrey, Nov 15, 2023.

  1. I wouldn't worry, sold as seen, a bike that old will have zero interest to the plod.
     
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  2. "I responded that it was sold in good faith and he was delighted with it when he bought it."


    ^Am assuming that you actually met the buyer from above. nothing odd about your encounter, no alarm bells rung?

    generally advice as above, how you worded your advert could be relevant but
    I already feel quite certain that you didn't include "absolutely genuine mileage/I can guarantee that this is correct" or similar so sounds like nothing to worry about overall.
     
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  3. Surely due diligence would be for a prospective buyer to check the MOT history *before* committing to buy? “Discovering” a discrepancy months later is somewhat … tough luck.
     
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  4. second this, I had a bike that had a clock in kph and they added the figure into the MOT as ‘miles covered’ and it screwed it up
     
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  5. He’s been remiss in his due diligence, first thing I check when potentially purchasing a vehicle. Just if for nothing else than to see if it has spent time off the road.

    Had a Paso with KPH clocks MOT station always put it down as miles on the certificate.
     
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  6. Does he know where you live?
     
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  7. When exactly did you sell it? I think there are some grounds for a refund -full or partial- due to a vehicle not being as described up to six months...
     
  8. Be amazed if that’s not only commercials sales. Private is tough titty.
    All depends how much of a maniac bought it really
     
  9. The potential for liability rests upon the vehicle not being as described.

    In this instance if the bike was advertised as "X" miles, and there was not a disclaimer in that ad regarding the mileage, and the sale was within the last six months, the possibility for recourse does exist whether the sale was between private individuals or not.

    Of course this would have to be done through the courts, and the potential for a claim certainly does not guarantee the result desirable by either party...

    However a sale over six months ago is not subject to the possibility or reclaim.
     
  10. After that length of time i would say walk away and let them deal with it.

    Have you checked the history? i watch some youtubers (calvins car diary) he had a car that showed suspect milage with the DVSA and nothing on car vertical. DVSA was wrong and took the marker off it.

    He might have blown the bike up or swapped parts out from yours to his, donor bike.

    Why is he trying to sell it so soon? what has he done to it?

    alarm bells going off. tell him to take it up with someone else.
     
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  11. Oddly enough, I have just received a letter from a chap that purchased some carbon wheels from me in September 22 (not a typo). He is demanding a full refund on the basis that a bolt that holds the hub to the wheel had come loose over a year after he purchased them! From what I can tell having read up online, so long as your advert is not misleading, it is the purchaser’s responsibility to carry out due diligence. The onus is on the seller to not misrepresent his goods or mislead the purchaser.
     
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  12. Just ignore him until you get a letter from a solicitor, then ignore him further but speak to a solicitor yourself.

    He would have to sue you for breach of contract - goods not as described - that’s a tough one to argue if it comes down to you being honest in your description and him not checking the history until now. It will cost him more than the bike’s worth to Sue you with no good prospect of winning, he won’t do it.

    It’s an expensive lesson for him but that’s they way of the world - caveat emptor.
     
  13. Unless you are a registered dealer, it's a case of caveat emptor. Sold as seen.
     
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  14. People keep saying 'sold as seen' but it's not that simple. 'Sold as seen' has for many years been a legally meaningless term re vehicle sales (see e.g. https://www.carveto.co.uk/blog/sold-as-seen/), as both trade and private sellers have legal responsibilities, though clearly in the latter case remedy is much trickier.

    There are plenty of online resources in this regard, eg:

    https://www.which.co.uk/consumer-ri...has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

    'You have fewer rights when buying from a private seller because parts of the Consumer Rights Act don't apply. But, the seller must:

    Accurately describe the car. For example, an ad must not say 'one owner' when its had several.
    Not misrepresent the car. For example, tell you something which isn't true, such as telling you it hasn’t been in an accident when it has.'

    There are therefore several important obligations on a private seller from which 'sold as seen' does not protect. Roadworthiness is another: if it transpired that a seller knew of a fault but not did not disclose it the seller would be liable (the AA's page re private vehicle sales: 'it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today').

    In the OP's case, that the buyer could easily have checked the mileage history in May, and that six months have now elapsed, surely make it unlikely that he would go to a solicitor. But I think he would have had a clear case for a refund if he had acted promptly.
     
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  15. Is he fishing for a partial refund to help out with Christmas expenses?
     
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  16. hes a grifter

    had it a few times now, you damaged xyzzy now you owe me abc£, he's hoping you'll just agree and cough up

    ignore the twat, and threatening to get the policeman on you is a sure sign he's a cnt
     
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