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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45310
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I thought I was buying a motorbike that was okay to ride on

Resolved Question:

I thought I was buying a motorbike that was okay to ride on the road.after I got back and paid the money. I tried to tax the vehicle. He had sorned it and its unable to be taxed. I do not have the motorbike or documents, just a picture I took of the green slip to tax the bike. He is refusing to give me my money back.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much did you pay?
Customer: replied 10 months ago.
I paid a 200 pound deposit. then a bank transfer of 800.
Expert:  Ben Jones replied 10 months ago.
Were you specifically told the bike was ok to ride on the road?
Customer: replied 10 months ago.
he took me for a test ride on the back of the bike. he said I could come down and ride it away whenever I wanted.
Expert:  Ben Jones replied 10 months ago.
Sorry my connection dropped. Why are you unable to tax the vehicle? The fact that it is SORN would not prevent that, in fact SORN ends when the vehicle is taxed or sold.
Customer: replied 10 months ago.
I tried to tax it I had a photo off the green slip with the vehicle reg and the reference number needed to tax.upon trying to tax the vehicle it would not let me. I believe it is because the sorn is recent and it takes weeks to process. I needed the vehicle for next week. The guy said it is still taxed which on the system it says till the 1st april, but as he is unaware each new owner has to have his own tax on a vehicle.
Expert:  Ben Jones replied 9 months ago.
Ok your rights here will depend on whether you were specifically advised that this motorbike was able to be driven on the road on purchase. You must have been told this by the seller as part of the sales negotiations or in the advert. Just because you had a test ride n it does not mean that it was road ready on purchase so you must have been told this to be able to rely on this being a misrepresentation on sale. If this was not discussed by the seller and no promises were given then unfortunately you cannot rely on that and as this was a private seller you would not have the usual consumer rights you would have had if it was a business seller. In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:{C}· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation{C}· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract{C}· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence{C}· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence. If none of the above apply then you cannot ask for a refund and will have to allow the time to resolve the tax issue, even if this means there is a delay in you being able to ride it. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45310
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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