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Ebay buyer wants to return bike!

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Bandit1
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Joined: 04 Nov 2012
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PostPosted: 16:25 - 10 Nov 2012    Post subject: Ebay buyer wants to return bike! Reply with quote

Looking for some advice.

Sold a bike on Ebay last week, all went well, buyer did a best offer and came to collect the bike the other day. He looked round it, took it our for a ride, came back and we did the paperwork and money was exchanged, etc...

Now he has called to say he has found issues with the bike, that it has been dropped on it's side and wants his money back.

He claims it's not as described but the items he is quoting I never knew and certainly did not try and hide, I would never sell a bike knowing things were wrong without fixing them or as a minimum declare on the auction.

What he is saying amongst others is that there is a weld that should not be on the under side of the exhaust, part of the pipe is squashed, the back plastics are loose and dont appear to be the right ones for the bike, etc...

Anyyway, I said no to taking the bike back, but where do I stand? I have sold loads of bikes over the years on ebay and other places and never had this before.

I am not saying he is not right about the things that may be wrong but I never noticed them.
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CaNsA
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PostPosted: 16:27 - 10 Nov 2012    Post subject: Reply with quote

Did you offer a warranty?
Did he pay cash?
Is it a case of "didnt mention cos didnt know" or "I said it was perfect, turns out its not" ?
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Bandit1
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PostPosted: 16:34 - 10 Nov 2012    Post subject: Reply with quote

No warranty and yes he paid cash.

It was genuinely a case of if these things are wrong I did not know they were.
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Alpha-9
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PostPosted: 16:36 - 10 Nov 2012    Post subject: Reply with quote

He came round looked at it rode it and said he was happy with it.

Bollocks to him. If he didn't spot any problems then, then why should you have any obligation to let him return it?


Maybe he dropped it and doesn't want it any more.
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Bandit1
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PostPosted: 16:46 - 10 Nov 2012    Post subject: Reply with quote

Well that had crossed my mind. It makes you feel a right prat though, I am gettin threatened with legal action over things I did not know about.

An unusual weld on the underside of the exhaust, possibly, but unless the exhaust is doing something I don't like then I am not looking under there to be honest!

I had plenty of bids on the bike and rejected frickkin higher offers from people who could not come and see it. I only like to take the money where the person comes out and satifies themselves it's what they want and are happy.
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Alpha-9
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PostPosted: 16:48 - 10 Nov 2012    Post subject: Reply with quote

Got a link to the ebay ad?

I don't think he has a leg to stand on to be honest, he came and looked at the bike, accepted it's condition and gave you the money. Everything from that point onwards is his own fault, unless you put something like "PERFECT CONDITION NEVER BEEN DROPPED" in the description, but then, again, he accepted it's condition when he came and looked at it and paid cash and took the paperwork.

It was essentially 'sold as seen'

What the guy wrote on my bikes receipt was
"SOLD WITH NO KNOWN FAULTS"
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Bandit1
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PostPosted: 16:57 - 10 Nov 2012    Post subject: Reply with quote

I am on my mobile, will post a link to ad when I am at my pc.

Raging now Evil or Very Mad
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Nick_Giles
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Joined: 01 Jan 2012
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PostPosted: 17:04 - 10 Nov 2012    Post subject: Reply with quote

Bandit1 wrote:
I am gettin threatened with legal action .


There is a world of difference in someone threatening legal action and actually pursuing that route for something like this.

These days the mere mention of legal action has people running round like headless chickens. And very, very often without cause to.

If it was me and there is not another side or element to this story I would front it out and say. "OK get your solicitor to contact me in all matters regarding this transaction. I do not wish to carry on any further communication upon this directly with you."



Nick
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whitmorereans
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PostPosted: 17:09 - 10 Nov 2012    Post subject: Reply with quote

Shouldn't this be a case of caveat emptor? The buyer inspected the bike and took it for a ride so IMHO he shouldn't have any grounds to demand his money back.
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Joenitro
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PostPosted: 17:10 - 10 Nov 2012    Post subject: Reply with quote

Ded simple this: If your conscience is clear and you feel that he shouldn't have his money back then stand your ground. If not, give him a refund.
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Easter Bunny
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PostPosted: 17:13 - 10 Nov 2012    Post subject: Reply with quote

Its sold as seen unless you are a dealer in which case he would have a certain amount of claim.
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CaNsA
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PostPosted: 17:40 - 10 Nov 2012    Post subject: Reply with quote

Alpha-9 wrote:
He came round looked at it rode it and said he was happy with it.

Bollocks to him. If he didn't spot any problems then, then why should you have any obligation to let him return it?


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cimbian
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Joined: 27 Sep 2012
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PostPosted: 17:43 - 10 Nov 2012    Post subject: Reply with quote

I think you have been reasonable and it is caveat emptor unless you are a trader.

Stick to your guns.
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MarJay
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PostPosted: 17:57 - 10 Nov 2012    Post subject: Reply with quote

Tell him to do one. Don't offer any money back, don't offer a refund. At the end of the day it was a private sale, he had ample opportunity to examine the bike before he took it. For all you know he dropped it on its side since then.

This seems more and more common these days. When a vehicle is sold in a private sale the rule is Caveat Emptor. Buyer beware.

Simples.

Don't admit any fault, just tell him he had ample opportunity to examine the bike at the time of sale, and that the bike was fine when he collected it, then ignore all calls or texts etc.
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grant965
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PostPosted: 18:02 - 10 Nov 2012    Post subject: Reply with quote

As above really.
Unless you lied and said it was perfect when it was dodgy then he cant do anything.
Some people are really stupid when it comes to stuff like this.
I sold my old bike as spares or repairs because I couldnt get it firing on all cylinders and it was revving high.
Guy came round, inspected it, checked it over, took it.
Week later, said he had stripped it and said he had found loads of faults and so wanted a refund

Main reasons I didnt refund:
Sold as not working, why did he expect everything to be spot on?
He inspected the bike before he bought it ?!
I dont know if he has caused more damage or swapped good parts for bad parts and is trying to con me.
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FireStorm-X
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PostPosted: 18:04 - 10 Nov 2012    Post subject: Reply with quote

Hi there

1: was the advert correct ?

2: was he happy with the bike when he looked at it ?

3: was he happy after taking it for a test ride ?

4: did you sell it sold as seen ?

If yes to all 4 of these, then he has no come back and has bought the bike. He can of course say he will take legalese action, but would have to prove that you lied or mislead him ? Also if it has any extra miles on the clock it would prove he has used the bike and any damage I.E. being dropped would have to be proven to have been on the bike when he bought it ? But he check the bike and did not see it when he bought it ?
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Knightsy
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Joined: 21 Jun 2012
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PostPosted: 18:06 - 10 Nov 2012    Post subject: Reply with quote

MarJay wrote:
Tell him to do one. Don't offer any money back, don't offer a refund. At the end of the day it was a private sale, he had ample opportunity to examine the bike before he took it. For all you know he dropped it on its side since then.

This seems more and more common these days. When a vehicle is sold in a private sale the rule is Caveat Emptor. Buyer beware.

Simples.

Don't admit any fault, just tell him he had ample opportunity to examine the bike at the time of sale, and that the bike was fine when he collected it, then ignore all calls or texts etc.


This x2
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mysterious_rider
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PostPosted: 18:07 - 10 Nov 2012    Post subject: Reply with quote

Offer to buy the bike back at half the price. +1 Profitses. Thumbs Up
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Bandit1
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PostPosted: 18:15 - 10 Nov 2012    Post subject: Reply with quote

I would not even be posting if I had known the issues were there and it's just a case of that I have been caught, don't get me wrong I am not perfect but I won't ever cover something up on a bike sale, I just don't think it's worth it.

The bike is a CBR600 by the way. 1999 model.

Nothing in the ad is incorrect, I never made any claim for example that the exhaust is brand new with no dodgy welds hidden on the under side!

I think I just need to man up lol, it just gets to me when I go for the open, honest approach telling buyers everything I know and only after they pay and leave do they then starts saying "oh, what about this".
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U_W v2.0
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PostPosted: 18:30 - 10 Nov 2012    Post subject: Reply with quote

make a log book of any and all communication, dates and times.

then if he wants to get really pissy, bring him up on charges of harassment.

any threats made write in the log book, doesnt matter if its "i'll take you to court" threat or "i'll bash your brains in" write it down with date and time word for word.

then if he STILL wants to get pissy you can bring him up on charges for causing distress and unprovoked threatening behavior. i forget the legal terms for these 2 bits but hey, you get the point.

otherwise, 2 little words to the guy, "GET LOST"
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Cuchulain
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PostPosted: 18:35 - 10 Nov 2012    Post subject: Reply with quote

He probably knows he hasn't got a leg to stand on but for whatever reason regrets buying the bike and is just taking a punt to see if you'll cave in and take it back.
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covent.gardens
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PostPosted: 18:55 - 10 Nov 2012    Post subject: Re: Ebay buyer wants to return bike! Reply with quote

Can you post the advert description?

Unless there's nothing in there that contradicts the actual condition of the bike, he doesn't have a leg to stand on. Goods sold privately don't have to be defect free or fit for purpose, they just need to be "as described".
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Nick 50
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Joined: 24 Jul 2011
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PostPosted: 18:58 - 10 Nov 2012    Post subject: Reply with quote

Tell him to get lost.

At the point he won the auction he bought the bike, end of!

You showed good will by letting him look round it and take it for a test ride. You had absolutely no obligation to.

I sold a CBR this year via e-bay. He won the auction and came to collect it. He had a look round the bike and then asked for a ride. I said "no problem, once you've handed the money over".

He took it for a ride and then whinged about the tyres. I told him he had plenty of opportunity to come and view the bike before bidding, but chose not to. His fault, not mine.
I think he was expecting me to knock some money off, didn't happen.
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P.
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PostPosted: 19:20 - 10 Nov 2012    Post subject: Reply with quote

I bought a Thundercat which looked fine when I viewed it, rode perfect etc.

When I got home the engine sounded a little noisy, turns out the headers were getting pretty ancient and started blowing.

I didnt run back to him and say oooh this is broken, do me a refund.

What I did do is let him know the exhaust was starting to rot, but otherwise the bike is absolutely fine.

The guy refunded me £20 even though I didn't ask... just becuse he felt bad. Laughing
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