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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Good afternoon i hope you can help with this problem i sold

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Good afternoon i hope you can help with this problem i sold a motorbike on ebay and put a description as follows:-

Here we have for sale mt generic explorer race 50 cc its a 60 plate with 11000 km on the clock its a great little bike.

Reason for selling is I had an op last year and I am unable to ride anymore so has been sat for a year or so battery is flat no tax no test sorry but was used daily before was parked up has been coverd all the time so just charge the battery and u have a good bike, also vomes with the cover as u can see the front furring is missing I do have this and will he put back on before end of sale. A crack in the furring near the seat see pics usual scrapes and scrathes these was on there before I got it.

Any questions please message me

Colletion from hull as soon as possible after auction ends

Cash on collection

This is advertised elsewhere so have the right to remove.

the buyer collected the vehicle and took it home he has put a new battery on it and is still having problems with it i have spoken with Ebay customer services today and they have closed the case for me they said its a communication problem but i have answered every message they have sent me and that motorbikes arnt covered in the money back gaurantee where do i stand on this

regrds

Michael Bunn

Alex Hughes :

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.

Alex Hughes :

What exactly would you like to know about this?

Customer:

can he take me to a small claims court?

Alex Hughes :

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?

Customer:

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 "

Customer:

and he is still having problems with it

Alex Hughes :

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.

Customer:

thats great and yeah more info would be appreiciated

Alex Hughes :

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.

Customer:

so as i said in the ad " so just charge the battery and u have a good bike " will tha count against me

Alex Hughes :

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.

Alex Hughes :

I don't think he has a claim.

Customer:

excellent thank you for the information you have provided me

Alex Hughes :

Regarding the charging of the battery - if that was your honest belief it cannot be held against you.

Customer:

again thank you for the information you have provided me it has helped greatly

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