Sold vehicle privately - buyer wants me to pay for repairs
Discussion
Did you do a reciept for the bike at all?? I’ve always used the free one on the AA website and do 2 copies, I sign both and get the buyer to do the same.
It’ll help if/when it comes to court as it’ll state that there is no warranty or guarantee given or implied.
I doubt it’ll go to court anyways as the costs alone excl any actual legal advice that the buyer will have to pay will be a £200ish for small claims if I recall correctly
I would also retract the offer of monies in the interim and await formal correspondence.
It’ll help if/when it comes to court as it’ll state that there is no warranty or guarantee given or implied.
I doubt it’ll go to court anyways as the costs alone excl any actual legal advice that the buyer will have to pay will be a £200ish for small claims if I recall correctly
I would also retract the offer of monies in the interim and await formal correspondence.
EazyDuz said:
Seems odd the op would happily offer £200 if he was so sure the bike was in perfect working order. It seems to imply guilt
Not really, most people (well, many people) will simply agree to pay a little out to get rid of the buyer.OP, your advert seems fine. You can simply say Sorry buyer but this was a private sale and it was working fine when I used it.
slipstream 1985 said:
I'm going to sound like and be a massive dick here but f
k it its my opinion on how the site is going.
He's not a new member though is he? It is the new standard. Someone has a motor related problem types "car problem" bike problem" etc into google. Pistonheads comes up. registers and first post is a cry for information.
Fine if someone who has a motoring interest been a member for a while then has a problem. I understand it is not a time served forum or "he has been here the longest and so must be wisest" but it is almost like NHS tourism.
The site has become so boring to read. Topics like "should I buy a vauxhall mereva"
The boring daily car/snotter used to be one topic which was interesting as a change but now it is the bread and butter.
The site is becoming "what car" or parkers.
Correct you sound like a massive dk it its my opinion on how the site is going.He's not a new member though is he? It is the new standard. Someone has a motor related problem types "car problem" bike problem" etc into google. Pistonheads comes up. registers and first post is a cry for information.
Fine if someone who has a motoring interest been a member for a while then has a problem. I understand it is not a time served forum or "he has been here the longest and so must be wisest" but it is almost like NHS tourism.
The site has become so boring to read. Topics like "should I buy a vauxhall mereva"
The boring daily car/snotter used to be one topic which was interesting as a change but now it is the bread and butter.
The site is becoming "what car" or parkers.
kI've been lurking on pistonheads for a long time and it's a good source of information from your average bloke/ woman and I thought if I was to post my story it might help out some unfortunate person in the future. I've owned 6 bikes in the 6 years of riding so yes I have an interest in motors I've just never signed up to a forum. And I've just lowered the average age of members thanks to near pre pubescent age of early twenties... Thanks for you're irrelevant input into the matter though. Much appreciated
MarJay said:
If the bike was on fire it would cost a hell of a lot more than £750 to put right. If the buyer didn't fill it up with 2t oil when the light came on, the engine would soon be trashed anyway.
Ignore, get on with your life.
I,m surprised he hasn't asked you for a full refund lol. some people hmm.Ignore, get on with your life.
He's sent lots of photos from the apparent damaged engine one of which shows a hole where the Crank has basically shot itself through the casing... I just believe it was sold as running and he's somehow destroyed it on the way home. He will not send a picture of the engine number though. He blew one up the same morning a part of me thinks it could be a completely different engine.
And I'm now aware of the AA selling contract, I just wish I knew about it before I sold the bike!
And I'm now aware of the AA selling contract, I just wish I knew about it before I sold the bike!
Gixxer_6er said:
He's sent lots of photos from the apparent damaged engine one of which shows a hole where the Crank has basically shot itself through the casing... I just believe it was sold as running and he's somehow destroyed it on the way home. He will not send a picture of the engine number though. He blew one up the same morning a part of me thinks it could be a completely different engine.
And I'm now aware of the AA selling contract, I just wish I knew about it before I sold the bike!
He buzzed the engine. His fault.And I'm now aware of the AA selling contract, I just wish I knew about it before I sold the bike!
Gixxer_6er said:
And I'm now aware of the AA selling contract, I just wish I knew about it before I sold the bike!
People think by writing certain words like caveat emptor, sold as seen it stops any comeback. You can write what you want, but you still have statutory obligations in the sale, even private ones. It is basically that you described it correctly, which with the advert posted, it looked like you did. As I posted before respond with a one off letter/text and move on.
Gixxer_6er said:
Hi there, first time using a forum so sorry if this is in the wrong place.
Anyway, I sold my Aprilia RS125 last week. The buyer got a lift from his mate which both of them live around 130 miles away. He looks at the bike, asks if the lights work (?) and that was the end of his inspection... I offer him a test ride but ask for cash in hand first - he breaks it he buys it - he declines a test ride. He agrees to buy it proceeds to give me the cash signs the V5 and rides it away.
2 hours later I get a phone call from the new owner telling me he lost all gears, it overheated, siezed up and was on fire on the side of an A road 100 odd miles away from my house.
Basically he wants me to pay for the repairs - new cylinder, piston, gearbox etc etc which he totals to £750.
I believe I accurately described the bike at the time and the advert matches what I told him about the bike and I think it has blown up due to rider error. It seriously was running well before he got his hands on it.
I offered him £200 although I believe I am 100% not at fault I offered it as good will gesture because it sounds like like a sh*t situation.
Looks like a he is taking me to the court. I thought this would be a good thread for people who might be in similar situations to look back on and see the outcome. I'll keep you updated, any thoughts or suggestions appreciated.
Cheers
The only legal rights he has under the Consumer Act are:Anyway, I sold my Aprilia RS125 last week. The buyer got a lift from his mate which both of them live around 130 miles away. He looks at the bike, asks if the lights work (?) and that was the end of his inspection... I offer him a test ride but ask for cash in hand first - he breaks it he buys it - he declines a test ride. He agrees to buy it proceeds to give me the cash signs the V5 and rides it away.
2 hours later I get a phone call from the new owner telling me he lost all gears, it overheated, siezed up and was on fire on the side of an A road 100 odd miles away from my house.
Basically he wants me to pay for the repairs - new cylinder, piston, gearbox etc etc which he totals to £750.
I believe I accurately described the bike at the time and the advert matches what I told him about the bike and I think it has blown up due to rider error. It seriously was running well before he got his hands on it.
I offered him £200 although I believe I am 100% not at fault I offered it as good will gesture because it sounds like like a sh*t situation.
Looks like a he is taking me to the court. I thought this would be a good thread for people who might be in similar situations to look back on and see the outcome. I'll keep you updated, any thoughts or suggestions appreciated.
Cheers
The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Edited by LarsG on Saturday 26th May 18:19
LarsG said:
The only legal rights he has under the Consumer Act are:
The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Would it be up to me to ask him to get it independently inspected or for him to take it upon himself? I've had a quote sent to me but I don't believe it to be legitimate. The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Edited by LarsG on Saturday 26th May 18:19
Gixxer_6er said:
LarsG said:
The only legal rights he has under the Consumer Act are:
The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Would it be up to me to ask him to get it independently inspected or for him to take it upon himself? I've had a quote sent to me but I don't believe it to be legitimate. The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Edited by LarsG on Saturday 26th May 18:19
Edited by bimsb6 on Saturday 26th May 18:55
LarsG said:
Gixxer_6er said:
Hi there, first time using a forum so sorry if this is in the wrong place.
Anyway, I sold my Aprilia RS125 last week. The buyer got a lift from his mate which both of them live around 130 miles away. He looks at the bike, asks if the lights work (?) and that was the end of his inspection... I offer him a test ride but ask for cash in hand first - he breaks it he buys it - he declines a test ride. He agrees to buy it proceeds to give me the cash signs the V5 and rides it away.
2 hours later I get a phone call from the new owner telling me he lost all gears, it overheated, siezed up and was on fire on the side of an A road 100 odd miles away from my house.
Basically he wants me to pay for the repairs - new cylinder, piston, gearbox etc etc which he totals to £750.
I believe I accurately described the bike at the time and the advert matches what I told him about the bike and I think it has blown up due to rider error. It seriously was running well before he got his hands on it.
I offered him £200 although I believe I am 100% not at fault I offered it as good will gesture because it sounds like like a sh*t situation.
Looks like a he is taking me to the court. I thought this would be a good thread for people who might be in similar situations to look back on and see the outcome. I'll keep you updated, any thoughts or suggestions appreciated.
Cheers
The only legal rights he has under the Consumer Act are:Anyway, I sold my Aprilia RS125 last week. The buyer got a lift from his mate which both of them live around 130 miles away. He looks at the bike, asks if the lights work (?) and that was the end of his inspection... I offer him a test ride but ask for cash in hand first - he breaks it he buys it - he declines a test ride. He agrees to buy it proceeds to give me the cash signs the V5 and rides it away.
2 hours later I get a phone call from the new owner telling me he lost all gears, it overheated, siezed up and was on fire on the side of an A road 100 odd miles away from my house.
Basically he wants me to pay for the repairs - new cylinder, piston, gearbox etc etc which he totals to £750.
I believe I accurately described the bike at the time and the advert matches what I told him about the bike and I think it has blown up due to rider error. It seriously was running well before he got his hands on it.
I offered him £200 although I believe I am 100% not at fault I offered it as good will gesture because it sounds like like a sh*t situation.
Looks like a he is taking me to the court. I thought this would be a good thread for people who might be in similar situations to look back on and see the outcome. I'll keep you updated, any thoughts or suggestions appreciated.
Cheers
The seller must have the right to sell the car/motorcycle.
The vehicle/motorcycle should match the description given by the seller.
The car/motorcyclemust be roadworthy – it is a criminal offence to sell an unroadworthy car/motorcycle and an MOT certificate from a test several months ago is no guarantee that the car/motorcycle is roadworthy today.
If he takes you to court you will have to defend the above. He may be responsible for it, so it might be worth you asking him to go to a garage of your choice to have it inspected.
Edited by LarsG on Saturday 26th May 18:19
Th repair quote is not a statement from a garage as to why it happened. The garage may give an idea as to why it broke. Was there a lack of 2 stroke oil that contributed to it? How many miles had he travelled? Was he aware it needs oil?
You could ask him to take it to a garage of your choice, to avoid him going to someone he knows?
Or you ask for a second opinion.
Might find he won't want to do that... and then that's good evidence for you if he tries to take you to court. Big question would be, why wouldn't you allow the bike to be inspected?
Edited by LarsG on Saturday 26th May 19:05
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