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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63320
Experience:  Qualified Solicitor
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I bought last week an second hand Bmw motorcycle. I’m

Customer Question

Hi. I bought last week an second hand Bmw motorcycle. I’m traveling to Spain.
Assistant: Where are you? It matters because laws vary by location.
Customer: I have a issue with the motorcycle. I already spoke with the dealer and he told me that I I have to bring the motorcycle back to him . The motorcycle is in Spain right now. Do I have any warranty ?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I’m in Spain but I live in London
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

What is wrong with it? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 4 months ago.
It’s possible to ask to my answer ?
Customer: replied 4 months ago.
Expert:  Ben Jones replied 4 months ago.

Could you please answer my original query above first? Thanks

Customer: replied 4 months ago.
I bough last week one Bmw motorcycle at a second hand motorcycle dealer at Manchester .
Hunts motorcycle.
I’m traveling to Spain with the motorcycle, during the trip I had i issue with the breaks.
When I arrived to my destination I’m visiting one Bmw dealer , and they told me the issue is with a very expensive electronic part , as a abs module. So the abs isn’t working . Today I spoke with the dealer that sell me the motorcycle and he told me to bring back the motorcycle.
Now the motor is in Spain. I living in London .
Should I have any warranty? Thanks
Expert:  Ben Jones replied 4 months ago.

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. This is not the same as a warranty, which is a separate contractual cover but it still offers you adequate protection. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

The rights against the seller are:

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Does this answer your query?

Customer: replied 4 months ago.
Expert:  Ben Jones replied 4 months ago.

Ok so what else do you want to know about it please?