Thanks for your patience. When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer.
In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose as if it had been bought from a dealer. Therefore, the buyer will only have rights in the following situations:
· 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
· 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
· 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.
The main issue here is whether the description of the bike as being ‘immaculate’ was a form of misrepresentation. Not only that but also whether the issues experienced by the buyer subsequently were present at the time of sale.
There was a gap of several months between purchase and the time the issues were spotted. It is for the buyer to prove that these were present at the time of sale and that may not be that easy in the circumstances.
Whilst there is nothing stopping the buyer from taking this to court, it is not as easy as it sounds as it is his claim and it would be down to him to prove that the above conditions were not satisfied and that he has a valid claim. In the circumstances that may not be that easy.
This is your basic legal position. I have more detailed advice for you in terms of the legal position if he was to make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you