pushbike not fit for purpose in private sale

[davemanship]

i purchased a mountain bike in a private sale 2nd hand. after a few days i found a crack in the frame which had been covered up by a sticker so was not visible until i fitted some accessories. i have contacted the seller but they say its not their problem and i could have caused the crack myself. in fact i havnt ridden the bike yet as i sent it away to have wheel repaired. the bike is approx 8 years old but was advertised in great condition.

 

i do understand that a private sale is basically buyer beware. yes i did inspect the bike but are you able to strip a bike down to inspect it.

 

i have mailed them and they said they didnt know about the crack.

 

any thoughts on how i could proceed or am i just flogging a dead bike

 

Thanx

 

DAve

Edited March 21, 2013 by davemanship

[BankFodder]

The sale of goods act mainly applies to sellers which are selling in the course of a business. Are they a business?

 

Anyway, that is not a problem here because the SOG is intended to imply terms into contracts where there are no express terms as to condition.

Here you are saved because it was advertised in "excellent condition" which means that it was an express term of the contract.

 

What is the value of the bike?

Does the seller live near you?

Have they had it from new?

Have you taken photos of the damage, the sticker etc? If you have cleaned it all up and generally destroyed the evidence, then you had better give up now.

 

If the bike is of sufficient value, then you can sue in the county court. You would have to convince the judge that what you are saying is probably true - 51% true.

 

If you have good photos of the evidence and the sticker marks are visble so that it is clear that the damage was covered up for some time, then you have a pretty fair chance that you will be believed.

If you have destroyed the evidence - then you have lost your case before you started.

If you sue, then the hearing would be in their local court - not yours and although if you won they would have to pay you your reasonable costs of travel, you would have to factor the time and effort taken into the whole thing

[davemanship]

sounds like it may be worth putting this info to them. may encourage them to 'do the right thing'

[davemanship]

I have spoken to citizens advice today and they seam to feel that it was 'not as described' and should ask again for a refund. I have emailed them and shall give 24 hours for a response before sending a letter from their templates via recorded delivery.

 

my only issues are

1 they have said that I could have cracked frame as ive had bike 5 days (yes I have but I havnt ridden it and it was in the shop for 3 1/2 of those)?

 

2 if this gets legal how much does it cost?

 

any pointers appreciated

 

THanx

 

DAve

[Who Are They?]

The CAB are correct. The Sale of Goods Act applies, in the main, to business sellers but private sellers are also bound to the description of goods. If they describe the goods as in 'excellent condition' then the goods must be in excellent condition.