Sale or Return

[Davel]

My Night Rod Special motorcycle is back at the Harley Davidson dealer for them to try to sell on my behalf.

It's there on sale or return currently.

It's both taxed and insured by me but legally what would happen if they allowed someone to test ride it and the rider either committed a traffic offence or simply stole the bike.

Legally of course, I'm the owner but how would I stand if say a test rider took the bike through a speed camera or red light camera and the dealer didn't keep the rider's details, or do they normally keep this info on file.

[tigger1]

You have anything in writing to say it's with the dealer?

[Davel]

Yes a copy of my letter instructing them to service the bike and then sell it on my behalf as from 14 March.

Nothing from them though as yet.

[tigger1]

Davel said:

Yes a copy of my letter instructing them to service the bike and then sell it on my behalf as from 14 March.

Nothing from them though as yet.

is the bike on display? Could you take a picture of it there?

And push for some confirmation from them!!

[Davel]

It's in their showroom on display at Stockport.

I'm based about 25 miles away sadly or could take a photo.

[bertbert]

I would have expected there to be at least some kind of SoR agreement defining these things otherwise you are probably wide open. Is it being test-ridden on your insurance for example?

Bert

[justinp1]

bertbert said:

I would have expected there to be at least some kind of SoR agreement defining these things otherwise you are probably wide open. Is it being test-ridden on your insurance for example?

Bert

Completely agreed.

I have seen a couple of these SoR agreements end in tears to the tune of *tens of thousands* of pounds.

In 'common law' the rule of agency is such that it is possible for ownership for the vehicle to legally change to a buyer and you not get the proceeds if the agent should not have the funds to pay you...

This all comes down to the exact terms of the SoR contract. If none have been agreed then the OP's letter can be construed as either that there are no conditions other than common law or indeed you have agreed to their standard terms of SoR whether or not you have requested them.

Put it this way - insurance companies do their best to not pay out at the best of times. If the bike gets written off and the insurance does not pay out I can see that the agent would not want to cover the cost of a replacement bike out of their own funds either!

Get the terms quick, and get everything *in writing*.

[streaky]

Davel said:

It's in their showroom on display at Stockport.

I'm based about 25 miles away sadly or could take a photo.

What's sad about being 25 miles from Stockport? - Streaky

[smilerbaker]

quite a few ferrari owners lost all there money when a well know dealer sold there cars and didn't pass the money on. A mate of mine had his testarossa there for sale, fortunatly one of the sales guys phoned him up and warned him and he got his car back sharpish.

[bertbert]

smilerbaker said:

quite a few ferrari owners lost all there money when a well know dealer sold there cars and didn't pass the money on. A mate of mine had his testarossa there for sale, fortunatly one of the sales guys phoned him up and warned him and he got his car back sharpish.

Has happened in the Caterham world too.

Bert