How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11612
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I bought a bike that was advertised as "superb condition

This answer was rated:

I bought a bike that was advertised as "superb condition with a few minor age related scratches". I bought it on eBay and couldn't view it so had it delivered by courier. When it arrived it looked like it had been kept at the bottom of the sea. The rust and corrosion is atrocious. I now want to get a full refund and also my associated costs (delivery & collection via courier). Any advice would be great.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: UK. Sept 2020
JA: What steps have you taken so far?
Customer: I've contacted him to say I want a refund and have taken photos of all the bad parts.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: On eBay his account is a business account. THe description was very misleading and to be honest, fraudulent
Customer: replied 7 days ago.
File attached (SS3VT1Z)

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. This looks like a purchase from a business, not a private seller - his advert says "also advertised privately" so I will proceed on the basis you are a consumer and he is operating as a business.

I will be a minute or two whilst I set out the answer for you.

Clearly, the bike is not in "lovely all round condition" as per his advertisement. You are due a refund, no question about it. If you are a consumer, you have very strong rights under the Consumer Rights Act 2015.

The law states that if you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the vehicle must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

Clearly, the bike was not "as described".

If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back.

The rights against the seller are:

1. Reject the vehicle and request a refund which must be done within 30 days of purchase or delivery. You are within this timeframe so you should request a rejection for a full refund.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible.

You need to contact the dealer and demand the refund for the purchase price plus your costs of delivery, etc. If they refuse then I would advise that you report them to Trading Standards (tel: 0808(###) ###-#### and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.

Please let me know if you have any questions about this.

Many thanks,
Jim

Customer: replied 7 days ago.
Hi Jim,
Thanks for the reply. I'm concerned that he will say it's a private sale. Where do I stand on that?

The advert says the bike was also advertised privately, meaning the advert was from his business so I see no difficulty in establishing this to be a business sale to a consumer. If the court thinks otherwise, you still have a case in breach of contract, as the bike is not described accurately. Either way, you are highly likely to win any court claim for your money back.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 1 day ago.
Hi Jim, I've started proceedings through money claim. He's saying he was selling it privately and not through a business. It's not as described so I'm hoping with my photographic evidence, they'll find it in my favour.

Thanks, ***** *****'s the case then why did his advert say "also advertised privately" on his eBay listing?. He has no leg to stand on in my view.

JimLawyer and 4 other Law Specialists are ready to help you