Traded bike, now other rider wants to swap back

[P.]

Hello.

Little bit of drama. Listed my Daytona up for sale, was honest about it, was in a crash beforehand with damage to fairing etc. Took as many photos as I could. Replaced the battery as it was a shitty one and they wanted for riding to and from work, bad batteries can suck.

Offered him a test ride, he said no its fine.

He rode home Saturday, swapped both V5s over when he got home.

He's now asking if it was in a crash, it was, it was also clearly advertised and the price lowered to emphasise that. I didn't hide the fact it was, hes now stating its Cat N, which yeah, a 13 year old bike with a smashed fairing will be written off... I never check crash history, but thats just me, it had damage so I knew it had been down the road and me being me, I do not care about that, look at my history.

Now he is getting fairly iffy about it. He owned this CBF for 2 weeks or so before getting shot (I think I have seen why... its not in the best shape internally ) but I can sort that and have already stripped it down to frame to clean it up.

What can I/he do. I obviously don't want to trade back as I got this to be more comfy when riding..

[Nobby the Bastard]

Tell him you'll see him in court. Cat N is cosmetic damage which doesn't have to be repaired to make it road legal provided MOT can be passed.

Bike is as described.
____________________
trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050

[A100man]

Does he look hard?
____________________
Now: A100, GT250A, XJ598, FZ750

Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600

[P.]

[xX-Alex-Xx]

Caveat emptor. Tell him to shove it.
____________________
DILLIGAF

[c_dug]

I'd set out your position in very clear terms one time only (i.e. you were up front and honest, he had every opportunity, the deal is done, no takesy backsies) and then if they come back to you again simply block/ignore any further contact.

If they show up at your door it becomes a police matter, not fisticuffs.
____________________
I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock.

[P.]

[Easy-X]

It's very easy to check vehicle history before you buy a vehicle and if you've already stated it did a pope* then you've been honest enough for a court IMO.

Two similar cases in vehicles I've sold:

1) Keeway Superlight, Cat N write-off. The bike was much worse off than a cracked fairing (pretty much unrideable) but, as yourself, I clearly stated I'd rebuilt the thing and the guy who bought it appreciated the detail and the honesty. He just requested I got an MoT for it (even though it technically didn't need one due to its age) which was a perfectly sensible request. Sold and never heard from again.

2) VW Passat, old but not written off. Some kid wanted to buy it supposedly as his first car and even got a mate to test drive it. I stated at the time "are you sure about this? bit of a lump for a first car!" but I was selling it cheap. Couple of weeks later I get wailing and gnashing of teeth from the kid's dad shouting how I'd ripped them off. Apparently the clutch had gone and it'd had also shat out it's oil. Apparently I knew it would do this. I did point out it was perfectly fine in the test drive and also pointed out if I could predict clutch failures weeks ahead of time with no symptoms I'd be making a mint as a garage mechanic. (The oil I reckon was from hitting a road hump at high speed as the sumps are pretty low down.) No incoming court case, never head from again.

You've been honest, I wouldn't worry about this muppet.

*Lightly kissed the ground
____________________
Royal Enfield Continental GT 535, Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[P.]

Bike has recently passed an MOT from a garage unknown to me, not a friendly guy either, was as straight as I could get.

[Robby]

It would only get iffy if you said it wasn't a write-off, when it was. If you said nothing at all about it's write-off status on the advert or in person, I wouldn't worry.

If he asked and you said no, problem. If he asked you said "I don't know", not a problem.

From his point of view, it sounds like he swapped a fairly grotty CBF for a Daytona hoping to sell it on. It will now be harder to sell on. It isn't your problem unless he takes you to court, and that is fairly unlikely.

Whilst you don't have a receipt, I assume you have enough saved chats and the like to prove to a reasonable person that you did swap bikes intentionally, and you didn't take his bike without consent.

[Bhud]

- Refused offer to check it out / test ride in person.
- Advertised as having been in a crash, and now he's asking if it was in a crash.
- Didn't do an HPI check before buying.
- Owned the CBF for only 2 weeks before getting rid.

Clearly doesn't know what they're doing. Someone who relies on pot luck unnecessarily, and who now has buyer's remorse.

It's a slight problem that it wasn't declared cat N. A seller is obliged to state if it's cat N. However, as you pointed out, you were unaware it was can N while you were riding it around. One way around it might be to offer to pay for the MOT (even if already has one), on the condition that you never hear from him again.

[xX-Alex-Xx]

[Ste]

Block him and all his messages.

[P.]

[Ste]

[Zen Dog]

[P.]

[xX-Alex-Xx]

[Pete.]

[weasley]

[xX-Alex-Xx]

[xX-Alex-Xx]

[Nobby the Bastard]

Paddy isn't a vehicle dealer and a court won't treat him as such. As is explained in the article you linked. In additional he described in detail the damage and thus can't really be shown to have misled.
____________________
trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050

[Robby]

[ThunderGuts]