Yesterday, sold bike. Today, court threats?!

[daws0n]

Afternoon all

Due to personal circumstances I had to take the difficult decision to sell my 2 wheels. It was sold Tuesday and after a nice informal "friendly" chat was collected yesterday from my home address.

As you can see on the listing I have provided lots of photos and described the vehicle as accuratley as possible to the best of my knowledge:

https://www.ebay.co.uk/itm/353486869317

Buyer and wife were nice people, he was welcome to take as long as necessary to inspect the bike (umbrella was offered) but after turning the key and giving it a few revs it was sold!

I thought nothing of it... V5C filled out, insurance cancelled my end and a courtesty txt receieved to say he'd ridden it home safely. I have been feeling a bit down ever since as I loved that bike and was sad to part with her. I spent £300 on a full pro service and more on extras after I bought it in December 19 and haven't ridden it half as much as anticipated due to Covid.

This afternoon I receive a txt message:

"had a buddy look over the bike, noticed some kind of leak at the front, then noticed crash damage hidden by some fake carbon tape. what do you know about it bud...

panel is £94, damage is hose and bracket underneath, fluid travelling down engine possibly evaporating before hitting floor, obviously not declared. I'll split bill with ya or return bike, let me know"

My reply:

"I don't know anything about that. It had a full service at thunderroad and that wasn't picked up - certainly nothing to do with me at all. I have cancelled insurance now and transferred vehicle ownership. As I reduced £300 off asking already I can't afford to lose anymore on it. The bike cost me a lot more than that".

In his response he says he has "thrown me a life line" "bike is not in the condition you advised" and that small claims court will "spank me" and "saying you didn't know about the damage won't help" (I genuinely know nothing about this so called leak, neither was it picked up on service or last year's MOT).

This has quite politely gone back and forth over a number of txt messages arguing the toss to no resolution. He says he is going to take me to court and that his wife has come home and agreed with him.

My argument is that I am not an automotive professional (nor claimed to be) and he was welcome to scrutinise the bike as much as possible before buying it. He chose not to of his own free will, at no stage was a guarantee or warranty implied.

I've made clear that if he had come to my house and said "after buying your bike I am going to to have a professional look at it tomorrow, and if I find any issues I want money off otherwise you are going to court" there is no way I would of taken the transaction further and my bike would of stayed right there!!

Parting with my wheels was bloody hard and I am genuinely upset by this person's attitude and lack of humility. He's talking at me like I am a dealer who should know the ins and outs and what I am selling and some of warranty / guarantee was implied. He has already admitted that the repair was "repaired and hidden, the leaks been there for a while".

Any idea where I stand with this guys? With work / life stresses abound I could do with out the grief for the sake of £100. But, in principal I strongly disagree with this underhand way of doing business (especially after discounting £300 already). Does he really have a leg to stand on taking me (a private seller with best intentions no mechanical credentials) to court over splitting a £200 repair bill for an issue I knew nothing about?

[Ste]

The buyer had ample opportunity to check the bike over before parting with their cash and you've no idea what they've done to it since it's been in their possession.

They're chatting shit and I wouldn't get into any discussion about it. They've blown whatever chance there was of you giving advice about the bike.

Basically you've got nothing to worry about.

[BRUN]

Buyer hasn't got a leg to stand on, its his bike now, end of story

Anything sold privately like that is sold as seen, your not a dealer, tell him to jog on

[doggone]

He may well have found evidence of minor damage from the previous owner but it doesn't make it unsafe and the fluid leak might have happened when he thrashed it first time out.
Caveat Emptor you can't expect a four year old bike to be literally like new so should make careful examination of it before agreeing to pay.

[MarJay]

You made a mistake by responding. It's his bike now, he can try what he likes but as a private sale. Block his number and ignore him.
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British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[xX-Alex-Xx]

Caveat Emptor. He had a chance to look, he did, what happens after the fact is up to him.

Block his number and move on.

Edit: whenever I sell a vehicle, I always have an agreement printed out saying that I'm the legal owner and allowed to sell it, and they're legally allowed to purchase it and ride it away (insurance etc). Bike is sold as-is. Disclaimer at the end that's date and time stamped saying that as of that date and time, they're legally responsible for it and whatever happens after (speeding tickets, crashes, breakdowns etc) isn't my problem.

Just peace of mind for both people.
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DILLIGAF

[Pete.]

It's an offence to sell a vehicle in an unroadworthy condition but since none of the 'faults' pointed out make it unroadworthy you did nothing wrong.

He bought a used bike private sale, looked it over in person and took it away. Tough if he's not so happy now.

Tell him to stop bothering you about his bike.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[UncleFester]

So basically his wife has had a moan cos he's spent their money on something that she's not happy with and now he's angling for returning it by being a dick about what is now his problem?

Bought it in the rain, accepted it and rode off on it - caveat empor and he got a good bike cheap anyway.

Twat.
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Module 1 and 2 passed - October 2014. Happy owner of a 2017 Z1000SX, ex owner of a YBR125 / CB500 / VFR800.

[wr6133]

Tell him to fuck off. Literally. Don't be nice to chancing prics it encourages them.

Don't lose any sleep over court threats, he won't win. Good advert, clear pictures that can be zoomed in on and he had chance to inspect it before buying.

[Ste]

The buyer has left positive feedback saying "A+++".

[Arfa__]

[daws0n]

Thanks for reassurances everyone it's much appreciated.

Hopefully he's gone quiet for a bit, last message saying:

"£100 or court, no more talk, please take til Monday to decide, please enjoy your weekend, nothing personal, only business, cheers."

I hadn't notice that he's left me a good feedback rating - thanks for the heads up Ste. Would like to know what time he wrote that. This is looking more absured by the minute!

[to v or not to v]

just block and forget.

[MarJay]

[Irezumi]

As others have suggested he for whatever reason he is trying to get rid of the bike and perhaps may be trying to con you.

I don't know what carbon fibre tape that it has supposedly been covered up with in regards to the crash damage either. I worked on a friends bike which is the same model, and the side panels and just below the seat come with a carbon effect pattern on them as standard, so this part of their argument is ringing dodgy alarm bells.

I'd say the buyer is trying to take advantage of your relative lack of knowledge of bikes.

[MCN]

[Blah blah]

The only thing I can see that could cause a minor issue in the add is the "very reliable..." bit, as if it broke down on just down the road then it wouldn't be "very reliable"

But it's a private sale, they've looked at it, paid for it so it's their problem. It happens a lot, presumably buyer remorse, (can I link to another website?) https://www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=1771612

[stinkwheel]

If he's taking you to court, you should stop sending him messages.

He's not taking you to court, but stop anyway. And block him. He's a chancer. he's trying to get £100 out of you.

Last person I sold a bike to kicked off because it had been a cat C and wanted me to send him money. I genuinely hadn't even noticed but he was handed all the paperwork at the time of purchase and had already been told it was a bitsa made up out of my spare parts heap and didn't even have its original engine. Again, not my problem. Blocked, moved on. He got a bargain anyway.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Easy-X]

Your responsibility as a seller is to inform the buyer of what you know for certain about the bike. For a court case to be successful the plaintiff needs to prove you knew about an alleged fault ahead of time not that any fault exists. It's also going to be tricky as it's a motorbike and you can visually inspect a lot more than you could a car.

"Didn't you notice the fault before purchasing?"

"It was raining" translates to "couldn't be bothered."

Worst case scenario defending a small claims court case is straightforward and will cost you nothing but the time and patience to examine the documents. It's done online now so you'll not even need to get out of your chair to offer up a smack-down
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Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[Pete.]

[Islander]

He's a chancer trying to bully you into a discount hoping you're gullible enough to give in. Private sales are 'as seen' and the vehicle was roadworthy. Block/ignore and move on with your life.

[daws0n]

I thought he'd stopped but now but I've woken up to this sent at 1:27am:

"Dawson, there is no mention of crash damage in your ad, the motorcycle has been crashed and repaired, I have shown you a photo of this, the motorcycle is leaking fluid, unlucky for me for not checking, mate, the courts will hit you, hit you hard with court costs and a full refund. I will have a report saying bike was crashed before purchase, photo evidence, you have nothing, now no half bill, I want full repair or refund. Sorry your fault."

My response:

"I am feeling buillied, harrassed and stressed by these threats and now you want even more money from me. FYI our correspondence is being archived. I am a private seller therefore "buyer beware" / "caveat emptor" applies.

I know nothing about the crash damage. You were welcome to examine bike before purchase. As above: "happy for you to pay after taking a look". You did not mention your plan to scrutinise the bike professionally after purchase or court. Why? "

[twooo]

Have a read of this little lot.

Then tell him you're quite happy to go to court.

https://www.pistonheads.com/gassing/topic.asp?h=0&t=1771612
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Cheers, 2

[daws0n]

FFS it doesn't stop:

"By law it is the sellers responsibility to list the bike accuratley, it had been crashed and bodged, that is fraud, I didn't even have to check the bike as the law is on my side, I'm not paying for the repairs Dawson, I'm not unlucky bud, there is no sold as seen! you have very genenerously been offered a chance to pay half the bill, when a tribunal sees that they will throw the book at you, if you don't think you're responsible, then present your case at court,, the bike will be stored for you to collect, I will claim for a full refund, cost of inspection, storage costs court costs and compensation. Don't spend that money bud!"

[daws0n]

"Mileage is now 6,785, that won't change, storage costs are £30 a day, starting Monday".