Sold vehicle privately - buyer wants me to pay for repairs
Discussion
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
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
DrSteveBrule said:
There are tons of threads on this subject. Tell him you’ll see him in court if that’s the route he wishes to take. Until then, relax, don’t part with any money and ask for further correspondence to be written. He’s trying it on.
He has sent a letter and I will be replying. Funny he sent a quote for the repairs... From the garage he workshop at... Seems sketchy to me. DrSteveBrule said:
There are tons of threads on this subject. Tell him you’ll see him in court if that’s the route he wishes to take. Until then, relax, don’t part with any money and ask for further correspondence to be written. He’s trying it on.
He has sent a letter and I will be replying. Funny he sent a quote for the repairs... From the garage he workshop at... Seems sketchy to me. Jasandjules said:
OP,
Can you post up the wording of the advert ? (edited to hide personal details of course).
Sure thing. Can you post up the wording of the advert ? (edited to hide personal details of course).
“2005 aprilia rs 125
MOT until August
Full V5 logbook
24000 kilometers
Full power 28hp, 95mph+
28mm carb, standard exhaust which appears to have had a de-cat
Fairings are scratched and front mudguard fractured but still attached.
Great bike, I'd keep it forever if I had the time for 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
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!
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
He later said than in fact it did not catch fire and it must have been steam. He's also sent a picture of a con rod that has snapped and a hole in the bottom of the engine where it partially went through the casing
I'll play it by ear and see what the outcome is. Even if this apparent damage is legitimate I fail to see how legally I would be at fault
I'll play it by ear and see what the outcome is. Even if this apparent damage is legitimate I fail to see how legally I would be at fault
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