Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Mike. Do you have any documentation in relation to the conversations you had with the buyer, prior to him purchasing the bike?
Hi there. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
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
Hello Mike, even if described as immaculate that would be judged on its age, mileage and condition at the time, so as you have identified. If he was to issue a claim then at least this will go in the small claims court which is a low risk option for you - even if you lose you will not have to pay his legal fees if he had engaged a lawyer to deal with this and assuming he can convince a court that he is right, which will not be that easy, you can just take the bike off him and refund him and that will avid any CCJ issues and your credit rating being affected. However, all of this is on the assumption that he actually makes a claim to start with and that he wins.
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Hi there, you have nothing to lose by re-stating your position and including the photos, his correspondence right after getting the bike and the details of the scratches you sent him. Try not to rely too much on the ‘nice’ comment though as that in itself will not change much, but do mention it if you want.
If you wanted to offer a contribution to the overheating problem then may do so and it will not amount to an admission of liability as long as you make it clear, such as by making the offer as being a ‘discretionary contribution without any admission of liability’.