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Sold Bike has broken down


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Hi

 

I sold a motorbike recently on ebay, which I stated had been off road for five years. The bike went straight through its mot.

Now the person who bought it is claiming that it broke down on the way home (he bought it without test driving it first). Now he wants money towards the cost of repair, not too sure where I stand legally with this or what I should tell him. Needless to say I'm not keen on paying anything to him :?

 

Terry

Ex Abbey Staff....

 

Abbey 15/4/06 SAR. microfiche argument, filled for breach DPA. defence rec'd

LBA sent claiming £3180 estimated

 

Capital One - Full refund

 

MBNA Letter sent requesting money back 1st July

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Are you a private seller or a dealer? If a private seller you have no obligation whatsoever towards the buyer. You stated the bike had been off the road for 5 years. Even if had been used daily for 5 years, as a private seller it is very much 'buyer beware'.

 

Whether it broke down or not is irrelevant. As long as it was your own bike and you are a private seller, you do not need to do anything. Although i would simply reply with something along the lines of:

 

Dear XXX

 

Sorry to hear of your problems with the bike, but it was a private sale and I did make it very clear that the bike had been off the road for a number of years. The fact that it passed an MoT simply means that it was roadworthy, not reliable. I hope you can get things sorted quickly and economically, but I am not responsible for those costs.

 

regards

 

Mr J Bloogs.

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Thanks for the reply. It was a private sale, so will ping off that email to him tonight

 

Terry

Ex Abbey Staff....

 

Abbey 15/4/06 SAR. microfiche argument, filled for breach DPA. defence rec'd

LBA sent claiming £3180 estimated

 

Capital One - Full refund

 

MBNA Letter sent requesting money back 1st July

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Share on other sites

You may feel it worthwhile to make at least an offer towards the repair, but you are not under any obligation to do so - it just seems a reasonable compromise. I was in a similar situation, with a scooter I sold that was in daily use and worked fine. I med the purchaser at the airport (having ridden 40 miles fault-free) he paid and rode off. Three hours later he phones to say there were warnnig lights everywhere and the bike was mis-firming, and he could only limp home. I refunded him £50, but explained I was not paing for any repairs as I was not offering a warranty.

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