Bike seller backs out of sale.
Bike seller backs out of sale.
Author
Discussion

blade7

Original Poster:

11,311 posts

245 months

Saturday 8th May 2021
quotequote all
Saw a motorbike for sale privately online. Travelled to see it, and agreed a price with the seller. Later the same day I got a email from the seller confirming the purchase price and details. The next day the seller mailed me again, and said a dealer had offered more money, and he was selling to them for an extra £1250. Do I have any claim against the seller?

Rozzers

3,056 posts

104 months

Saturday 8th May 2021
quotequote all
No.

anonymous-user

83 months

Saturday 8th May 2021
quotequote all
yes, a claim to give him £1251 and hope the extra £1 swings it (on top of the £1250).

The Rotrex Kid

34,751 posts

189 months

Saturday 8th May 2021
quotequote all
Do you have a claim? Probably. (Loss of bargain or something similar, IANAL)

Is it worth the time and hassle? Probably not.

Best to move on and let it go.

vaud

59,390 posts

184 months

Saturday 8th May 2021
quotequote all
Yes, possibly (loss of bargain), but life is probably too short and asking him for your petrol money might be the most pragmatic. Or just pour a drink and move on.

Ham_and_Jam

3,689 posts

126 months

Saturday 8th May 2021
quotequote all
Is this the world we really live in now?

I think I need to revisit all the lost deals I made over the last few years, I must be owed thousands.

vaud

59,390 posts

184 months

Saturday 8th May 2021
quotequote all
Ham_and_Jam said:
Is this the world we really live in now?

I think I need to revisit all the lost deals I made over the last few years, I must be owed thousands.
Loss of bargain goes back a long way...

Rozzers

3,056 posts

104 months

Saturday 8th May 2021
quotequote all
IANAL but the loss of bargain doesn’t really work between private individuals without a proper contract, and even if there is one, like on a house sale, it’s rarely pursued as the costs exceed the likely compensation

vaud

59,390 posts

184 months

Saturday 8th May 2021
quotequote all
Rozzers said:
IANAL but the loss of bargain doesn’t really work between private individuals without a proper contract, and even if there is one, like on a house sale, it’s rarely pursued as the costs exceed the likely compensation
A contract can be oral. Terms may be implied. Up to a court.

Costs can be minimal and they do enforce (or provide damages) and you don't need a lawyer, it can be done through MCOL - but yes, it depends how much value you place on your own time.

Amateurish

8,274 posts

251 months

Saturday 8th May 2021
quotequote all
You haven't yet formed a contract with the seller, so nothing you can do about it. Move on.

blade7

Original Poster:

11,311 posts

245 months

Saturday 8th May 2021
quotequote all
I have every intention of moving on. The bike is as good as gone. I can spare a few minutes on here, to see if someone that knows what they're talking about responds though.

Buzz84

1,699 posts

178 months

Saturday 8th May 2021
quotequote all
Plot twist, there was no dealer and they are just trying to squeeze you for more.

Soon you will receive a message that they thought about it and want to honour that you were there first. they'll do you a "favour" and only charge for only 800 more than what you originally agreed...

vaud

59,390 posts

184 months

Saturday 8th May 2021
quotequote all
Amateurish said:
You haven't yet formed a contract with the seller, so nothing you can do about it. Move on.
An oral contract can be binding.

LordFlathead

9,646 posts

287 months

Saturday 8th May 2021
quotequote all
This is really bad and it shows there are a lot tts out there. If you agree to a sale then the seller should go through with it. The fact the dealer offered more is beside the point.

Some people have no morals. I hope you find something better.

Smurfsarepeopletoo

1,012 posts

86 months

Saturday 8th May 2021
quotequote all
LordFlathead said:
This is really bad and it shows there are a lot tts out there. If you agree to a sale then the seller should go through with it. The fact the dealer offered more is beside the point.

Some people have no morals. I hope you find something better.
I appreciate what your saying here, but how many people are in a position to turn down £1250, I suspect that the majority of people would have done the same.

Amateurish

8,274 posts

251 months

Saturday 8th May 2021
quotequote all
vaud said:
Amateurish said:
You haven't yet formed a contract with the seller, so nothing you can do about it. Move on.
An oral contract can be binding.
I know. Hardly relevant when the terms were set out in email, I.e. in writing. But this agreement lacks consideration.

Jag_NE

3,339 posts

129 months

Saturday 8th May 2021
quotequote all
Let’s be honest here, if a DEALER was prepared to go up 1250 on your agreed price, you must have known the seller didn’t know what the bike was really worth. Unless it’s something really unusual perhaps.

FazerBoy

1,001 posts

179 months

Saturday 8th May 2021
quotequote all
blade7 said:
Saw a motorbike for sale privately online. Travelled to see it, and agreed a price with the seller. Later the same day I got a email from the seller confirming the purchase price and details. The next day the seller mailed me again, and said a dealer had offered more money, and he was selling to them for an extra £1250. Do I have any claim against the seller?
Did you put a deposit down and if not why not?

Jurassic pork

246 posts

201 months

Saturday 8th May 2021
quotequote all
Always leave a deposit, I had a verbal agreement with a seller that I would buy his vehicle but he couldn't do a viewing for two days, rang the next day to find he had sold it to someone else.

The next one I rang and left a deposit on straight away, a dealer offered him £500 more than we had agreed but he stuck to the agreement and I collected it the next day.

He was probably kicking himself in the end as he had it listed on a trade bidding platform and it made 4k more than I gave for it later that day.

Big Rig

8,995 posts

216 months

Saturday 8th May 2021
quotequote all
FazerBoy said:
Did you put a deposit down and if not why not?
This x1000. A verbal agreement & an email means nothing.