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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I recently purchased a vintage motorcycle from a specialist

Customer Question

I recently purchased a vintage motorcycle from a specialist sales garage who specialise in vintage vehicles. I paid probably the highest price for this make & model as it was purported to be one of the best examples and a meticulous restorataion. After taking delivery of the bike and on its first outing the engive seized after about 7 miles. In itself this could have caused a serious accident if i wasnt a proficient rider and going slowly and was upright at the time. Diagnosis at the garage has shown that the bike was put together wrong by the restorer who part excahnged the bike with the garage i purchased it from. They have also cast doubt over how good the bike is and suggest its probably only worth half the £10k i paid. I have now lost faith in the bike as believed i had bought a showroom example which is now clear was not the case. I did agree with the dealer that it had no warranty and was my responsibility after purchase but surely it should not have blown up on the first outing and the sale of goods act would assist me in rejecting the bike?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is really difficult to reject used vehicles under the SGA.
Clearly the SGA is engaged here. It has a fault very quickly of a significant nature. The fact that it is not worth the price you paid is a non issue I'm afraid. The SGA does not cover bad deals. It covers clear faults.
That said, the fact there is no warranty is also a non issue. The SGA will demand that this vehicle be 'fit for purpose'. If there are faults that demand repair then they are liable for that.
You can always try to reject it under the SGA but I wouldn't bet anything valuable upon that. It is rarely allowed and really what you are describing here is disappointment that it is worth less than you paid which is not an SGA point.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Points are helpful and im realistic. The fact that SGA demands fit for purpose & it clearly wasnt as supported by garage report, surely that is grounds to reject?

Where do i go from here? Small Claims? fasttrack?

Thanks

Dave

Expert:  Jo C. replied 1 year ago.
Not necessarily. In fact, probably not.
It is grounds to demand either a repair or an exchange and in default a refund.

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