Am I liable?

[Andy J]

I'm probably going to sell my bike sometime next year, either p/x or private.

The bike is under insurance Category "C", although is in mint condition mechanically and only has minor cosmetic damage. The V5 document does not state it's category C, but the HPI checks do.

If I sell my bike without notifying them, and they find out it's Category C am I liable to get sued?

I would simply say I didn't know either, because I never did an HPI check etc - and to be fair it being Category C makes fuck all difference anyway.

I know if I make it apparent, people/traders are gonna expect discounts, but I guess most traders probably do HPI checks anyway.

Anyway, my point is, is it my responcibility to tell them I know this information, or should they simply have done the leg work themselves if they discover it later on?

[Wafer_Thin_Ham]

Any questions they ask must be answered truthfully.

If you say you don't know, or it's not on the register when you know it is then they can come back at you.

Would you like it if someone didn't disclose something to you at the point of sale?
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[iooi]

[fatpies]

[Ichy]

Was it registered to you when it was tagged as CAT C? If it was then have you have already been paid by the insurance company?
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https://www.metacafe.com/watch/1972097/how_to_behave_on_a_forum/

[Ichy]

[Razzy]

don't see the big deal of cat c's tbh, it just shows that an insurance company didn't think it worth repairing but someone else did.
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GSX 1400 K5 SOLD
Tiger 955i SOLD
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[mistergixer]

[iooi]

[Ingah]

To my understanding, as a private seller your obligations are to describe the vehicle with honesty and answer any questions honestly (refusing to answer a question is also honest, but will lose you the sale).

However, saying "i do not know", when you do, is dishonest (some people seem to think that falsely claiming ignorance allows them to get away with claiming they were honest. Stupid buggers). However, someone would need to be able to convince a judge you knew and lied about it. Difficult, i imagine.

But do you have to put "Cat C'ed" in the advert? Morally (and perhaps sensibly as some people will feel justified smashing your house/car windows over it), i would say yes. Legally though, i would say no.

Please note: This is for a sale as an individual (even if it is to a business). If you are a motor trader, then you have more obligations than this.
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-- Ingah

[Paulington]

If you know, you must tell them plus I'm sure there's a due diligence thing, I don't know.

However, as above just ask yourself if someone sold you a Cat C bike at full price which you then found out about and would have knocked ~20% of the price off that you can never get back on the bike, you'd be pissed off, right?

I've always informed people if my bike was a Cat C, never had any problems as long as like me you had documentation proving the damage was only cosmetic such as from a garage.

Also, I highly doubt it would be that hard to convince a judge of the fact the person knew it was Cat C and lied about it as if the Cat C happened whilst the bike was registered in their name they would have been informed multiple times by the insurance company/garage etc which I'm sure they keep copies of.
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[mistergixer]

[Pie-Roe]

If it were me, I would be abroad and your dad/brother/friend would sell it for me if I wanted no legal comeback.

However, I personally am not a wanker, and when I buy a vehicle I rely on the sellers good honesty in a private sale, therefore when I sell, I am honest about everything.
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[Rogerborg]

[fatpies]

[0l0dom0l0]

If they find out it's a CAT C and the buyer finds out you haven't told them they will wonder what else you are hiding!
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CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.

Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30.