Ask a Law Question, Get an Answer ASAP!
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
What exactly would you like to know about this?
can he take me to a small claims court?
How much was the bike sold for please? And why is he complaining when you've been so open and upfront about the condition of the bike?
it sold for £265 and he is saying the description is wrong i put " so just charge the battery and u have a good bike "
and he is still having problems with it
OK. As you've probably gathered he cannot rely on the Sale of Goods Act and can only sue for breach of contract based on misrepresentation. If you bear with me I will type some more information on misrepresentation which will help you.
thats great and yeah more info would be appreiciated
OK, in English law 'misrepresentation' is a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. In your case you were selling a used motorbike, for a low price and gave an indication of the problems. Also I assume the buyer had a chance to inspect the bike. He does not have the same rights as somebody buying from a business and unless he can show that you made a false statement he will not have a claim against you.
so as i said in the ad " so just charge the battery and u have a good bike " will tha count against me
He could start a County Court claim but has to prove that you made a false statement which in the circumstances is going to be difficult. You said the bike was not used for a long time, there was no test certificate etc and lets face it he didn't exactly pay over the odds.
I don't think he has a claim.
excellent thank you for the information you have provided me
Regarding the charging of the battery - if that was your honest belief it cannot be held against you.
again thank you for the information you have provided me it has helped greatly