Motorcycle and distance selling rules for private buyers
Discussion
I recently bought a motorcycle through Ebay classifieds and it was described as 'pristine' iand it was collected and delivered by an insured specialist courier.
When I saw the bike in person for the first time it took me all of 30 seconds to see the scratch on the tank. The courier has confirmed by his own photographs that it was there when the bike was collected. Aside from this damage, the bike is as described.
My question is, what rights do I have here given that this was not disclosed in the listing and none of the listing photographs show it. Given the sellers description, I feel it was misrepresented. Any informed opinions welcomed, thanks.
When I saw the bike in person for the first time it took me all of 30 seconds to see the scratch on the tank. The courier has confirmed by his own photographs that it was there when the bike was collected. Aside from this damage, the bike is as described.
My question is, what rights do I have here given that this was not disclosed in the listing and none of the listing photographs show it. Given the sellers description, I feel it was misrepresented. Any informed opinions welcomed, thanks.
Well, as per any sale/purchase you need to check the terms & conditions that you signed up to.
Then, if you feel that it is "not as described" you need to take it up with ebay.
Having said that, seriously, if that is all that is wrong with it, and everything else with the sale is good, I wouldn't bother.
For context how old is the bike & was it described as restored or any such?
Then, if you feel that it is "not as described" you need to take it up with ebay.
Having said that, seriously, if that is all that is wrong with it, and everything else with the sale is good, I wouldn't bother.
For context how old is the bike & was it described as restored or any such?
If its a private seller there's no 14 day cooling off period and a description of "pristine" needs to be interpreted fairly broadly. So I agree with the above, I think you're best trying to negotiate a part-refund.
Did the listing have a refund policy? Sometimes private sellers put one on, and would take it back.
Did the listing have a refund policy? Sometimes private sellers put one on, and would take it back.
How old is the bike?
How good is the rest of it?
How does the price you paid compare with others?
While I'd think that the seller has willfully failed to mention a significant defect, no secondhand vehicle is ever perfect.
Buying a used bike, I would expect to find a bit bits I wanted to spend on.
If you get the scratch repaired, does that give you a great bike at a fair price?
You could consider asking the seller to contribute, as the courier will confirm the bike wasn't as described?
To some extent, it's a risk you take, you've saved time and money by not viewing the bike before buying it, there's a risk in that.
I don't think the law will be any real use here.
Personally, I'd probably touch it up myself and enjoy the summer, with a vague intention to get it done properly in the Winter, Maybe not the first Winter....
How good is the rest of it?
How does the price you paid compare with others?
While I'd think that the seller has willfully failed to mention a significant defect, no secondhand vehicle is ever perfect.
Buying a used bike, I would expect to find a bit bits I wanted to spend on.
If you get the scratch repaired, does that give you a great bike at a fair price?
You could consider asking the seller to contribute, as the courier will confirm the bike wasn't as described?
To some extent, it's a risk you take, you've saved time and money by not viewing the bike before buying it, there's a risk in that.
I don't think the law will be any real use here.
Personally, I'd probably touch it up myself and enjoy the summer, with a vague intention to get it done properly in the Winter, Maybe not the first Winter....
Gt6turbo said:
It isn't .
Bit the op could still try small claims
What law or contract term would you be proposing was broken?Bit the op could still try small claims
For private sales, there is a requirement that the goods are "as described" (and nothing more), which means it would come down to the specific wording and pictures on the advert. Consumer Rights Act 2015, Distance Selling Regulations (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) don't apply between a private seller and buyer.
paul_c123 said:
What law or contract term would you be proposing was broken?
For private sales, there is a requirement that the goods are "as described" (and nothing more),
The big scratch the op started this thread about. The advert text would help, but the issue is recourse, ebay is a dead end, the op can look at other options.For private sales, there is a requirement that the goods are "as described" (and nothing more),
paul_c123 said:
What other options though?
Small claims. It was described as pristine. "The seller is only obligated to ensure the item is "as described". This means the item should match the description provided, but the seller doesn't need to disclose every minor defect. "
A massive scratch isn't a minor defect in a "pristine" item.
Thanks all for some insightful and informed opinions.
I'll provide a little more context in response to some of the questions raised
This is advert title where the condition is given, 'BMW R 18 First Edition with Reverse & High Spec. 2200 miles! Pristine!' This is a copy and paste of that text.
Pristine quite literally means without defect. With some reasonable allowances made for size and location of scratch, I deemed the bike to have been misrepresented, and no opportunity was given by way of photographs to see the scratch.
As a classified, it's not covered by any of eBay’s policies so it's a matter of the buyer being diligent - lesson learnt. I've sold vehicles this way in the past and had no issues at all, but I've been mindful to fully disclose any defect, however minor. It didn't occur to me that I might not have the same experience as a buyer.
The seller has offered to cover the cost of repair by mobile SMART repair and seems fixed on his notion of it costing ~£100. I'm not prepared to compromise on the potential repair quality but at the same time, I don't want this to get into a world of pain where the bike is off the road for two weeks, the paint finish and colour isn't matched properly and that's not taking into account the issues that hand painted pinstripes might cause.
It's a 4-year-old bike but with low mileage and I want to take a pragmatic approach. I could insist on much more perhaps if I were to test the interpretation of pristine, but I don't know if I want that much aggravation in my life over a scratch.
I've found a business locally that can do SMART repairs in a properly controlled environment and I'm hopeful that he'll take the job on. I'm hoping for reduction in appearance of more than 80% and he seems to believe that it would be possible. If it comes to it, I’ll make a money claim online for this cost hoping that I have demonstrated reasonable expectations.
Thanks again all, I’ve got my solution, and this thread has been very useful in reaching it.
I'll provide a little more context in response to some of the questions raised
This is advert title where the condition is given, 'BMW R 18 First Edition with Reverse & High Spec. 2200 miles! Pristine!' This is a copy and paste of that text.
Pristine quite literally means without defect. With some reasonable allowances made for size and location of scratch, I deemed the bike to have been misrepresented, and no opportunity was given by way of photographs to see the scratch.
As a classified, it's not covered by any of eBay’s policies so it's a matter of the buyer being diligent - lesson learnt. I've sold vehicles this way in the past and had no issues at all, but I've been mindful to fully disclose any defect, however minor. It didn't occur to me that I might not have the same experience as a buyer.
The seller has offered to cover the cost of repair by mobile SMART repair and seems fixed on his notion of it costing ~£100. I'm not prepared to compromise on the potential repair quality but at the same time, I don't want this to get into a world of pain where the bike is off the road for two weeks, the paint finish and colour isn't matched properly and that's not taking into account the issues that hand painted pinstripes might cause.
It's a 4-year-old bike but with low mileage and I want to take a pragmatic approach. I could insist on much more perhaps if I were to test the interpretation of pristine, but I don't know if I want that much aggravation in my life over a scratch.
I've found a business locally that can do SMART repairs in a properly controlled environment and I'm hopeful that he'll take the job on. I'm hoping for reduction in appearance of more than 80% and he seems to believe that it would be possible. If it comes to it, I’ll make a money claim online for this cost hoping that I have demonstrated reasonable expectations.
Thanks again all, I’ve got my solution, and this thread has been very useful in reaching it.
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