Motorbike broke down-Money back.?

N

npgallag

Registered User
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Hi guys,

I bought a cruiser type motorbike from Done deal add on Sun last from a seller in Wexford and it broke down on my way home, after running for 130miles. I got a mechanic to look at it and said would cost the price of bike, €1250, to fix. i contacted seller and he siad i was running fine when left him and he wont give my money back.!! Have you any advise on next step to get money back. I was looking at going to the small claims court.?
Thanks
Niall
 
Unless the seller in Wexford was a business, you're at nothing I'm afraid. You have no legal entitlement to your money back. Small Claims Court does not deal with private sales.

I know it's too late for you now, but it's well covered in the Key Posts here you should always have a vehicle checked prior to purchase.
Leo
 
Are you sure the SCC only covers businesses.? so my only recourse would be through the civil courts.?
Private seller as far as i know, he has a few more adds up but no business name. The sales of goods and supply of services act (1980) states that goods must be of merchantable quality and he claimed on done deal add to have done the front fork seals and breaks, but according to mechanic neither were done and bike is dangerous, along with engine problems..? Also he gave me the tax book from previous owner which unless you are a trade seller, is illegal as far as i can tell...?
 
The Sale of Goods and Supply of Services Act does not cover Private Sales. It is up to you to check what you are buying before handing over the cash.

Buyer Beware !!
 
Yes I know i did check it out and everything was fine...test drive good and drove it for 130 miles before it broke down on side of N4. No way anyone would have seen the engine prob mechanic or not unless they took it apart on the drive way.!! not to mention the fork seals and front brakes that also turned out to be faulty. The buyer has to put a certian amount of trust in the seller and the seller must take some responsibility, or made to legally.?
 
You would likely only have a case if you could prove he knew about the problem, , and he knowingly lied. That is nearly impossible, unless you could find a garage who quoted in the last few weeks, for essential repairs to the bike, or something like that.

Then you'd have to take some sort of a civil case or something, alleging he deliberately mislead you, and 'robbed' you. Again this might not work.. you purchased a second hand bike, for approx 1,250. A cruiser bike sounds expensive enough, so not sure what condition a 1,250 Euro cruiser should be in.


If this was purchased from a garage what would be the difference? They can hardly have to stand over problems on second hand goods, unless they knew about them and covered them up. Some parts just fail, and it might not have been possible to predict this failure.


OP, do you mind stating the nature of the problem, and are you certain that the seller knew about it? For example, if the fuel pump failed it is unlikely he knew that was going to happen... on the other hand, if a repair was temporily patched, then that indicates someone knew about the problem,.. but perhaps not the seller.


Unfortunately I don't think you'll get any comeback here...
 
npgallag said:
The buyer has to put a certian amount of trust in the seller and the seller must take some responsibility, or made to legally.?
Click to expand...

Current legislation dictates all responsibility lies with the buyer. A check up by a good mechanic may have spotted those issues, but that's of no use to you now. Best just put this down to experience I'm afraid.
Leo
 
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