Dealer wants to cancel sale **RESOLVED**

[Biker-boy83]

Hi there, 

 

I recently completed a distance sale with a motorcycle dealer. They took in part exchange my old bike based on photos and description on set questions. 
 

I handed over and received my new bike on 1st (8days ago). The dealer used a 3rd party to do this. 
 

today the dealer contacted me and said they are not happy with condition of the traded bike and feel it was not as described. The point they are making is non factory fairings - which was not asked specifically during sales process. The bike was exactly as pictured. 
 

they therefore want it cancel the sale, return my bike and take back the new one. 
 

where do I stand in term of rights? 
 

TIA

[BankFodder]

The bike is yours. They cannot cancel the sale, but if they feel very serious about the issuethen they could sue you separately .

Monitor the thread for a fuller reply tomorrow

 

[Biker-boy83]

Thanks BankFodder, I’ll await more detailed response. 

[BankFodder]

The first thing is that the contract has been made and even if you have breached the contract, they would have to sue you on that separately and would be most unlikely to be able to recover the bike unless they can say that the contract was void.
The outcome if they won a case against you would be that they would be awarded damages equivalent to the difference in value between what you gave them and what they expected to receive.

They are not subject to consumer law because they are traders.

If you have provided them clear pictures and you can show that you have not misled them in any way then they would not be able to establish a breach of contract on your part.

In particular, because they are in the trade and they are exercising professional knowledge and experience, they would have a much higher bar to cross in order to show that somehow or other they were deceived.

Keep us updated if you need any help

[mantis shrimp]

Are you certa6that the part exchange price was not provisional and subject to their inspection? That was the case, for example, when I traded in a camera a few weeks ago. 

[mantis shrimp]

*certain 

[Biker-boy83]

Matter has now been resolved with dealer. Thank you for your comments. Thread closed. 

[BankFodder]

Would you mind telling us how it was resolved please?

It may help others who find themselves in the same predicament