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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Posted: 09:28 - 13 Sep 2022 Post subject: Traded bike, now other rider wants to swap back |
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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.. |
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Nobby the Bastard |
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Nobby the Bastard Harley Gaydar
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A100man |
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A100man World Chat Champion
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P. Red Rocket
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xX-Alex-Xx |
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xX-Alex-Xx World Chat Champion
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c_dug |
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c_dug Super Spammer
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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Easy-X |
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Easy-X Super Spammer
Joined: 08 Mar 2019 Karma :
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Posted: 11:46 - 13 Sep 2022 Post subject: |
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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 ____________________ Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter |
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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Robby Dirty Old Man
Joined: 16 May 2002 Karma :
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Bhud World Chat Champion
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xX-Alex-Xx |
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xX-Alex-Xx World Chat Champion
Joined: 12 Sep 2019 Karma :
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Posted: 15:01 - 13 Sep 2022 Post subject: |
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Paddy. wrote: | xX-Alex-Xx wrote: | Caveat emptor. Tell him to shove it. |
Is caveat emptor still valid on an exchange rather than a money based transaction? I will state that he had ample opportunity to view, look up the history, run HPI etc, just don't want to say the wrong thing etc.
I should have really got a receipt or something too, I never did, just swap of V5 its because he turned up completely outside of the times that I suggested and I was doing work and had to bail from my call. |
Why wouldn't it be? Same as swapping it for cash...
I ALWAYS do a bill of sale (2 copies, one each), covers you as much as them. Last thing you need is to sell the bike and have them blast through speed cameras on the way home, or run over some granny and ride off into the sunset. Include date/time/their name+address (check their DL matches), and a statement saying you can legally sell the bike, and as of date/time, they're legally responsible for it and ownership has transferred to them.
V5's don't mean shit as far as proof of ownership so I've always had something else. ____________________ DILLIGAF |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Posted: 16:12 - 13 Sep 2022 Post subject: |
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Bhud wrote: | 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. |
I never HPI on an old sports bike with crash damage, its most certainly been claimed for in most instances, if its a few years old, like sub 5, I'll HPI.
The MOT is not old, July maybe. It has done 37 miles since and sat on stands.
I guess just blocking him and ignoring is the only way to really get rid of him, I never intentionally hid anything, I never lied, I said it has definitely been involved in an accident, which is what the previous owner sent to me also.
I have absolutely everything history wise, even him confirming the bike is good, ride home was perfect etc. I've grabbed copies of it all and the screenshots of HIM changing the V5s over, rather than me. |
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Ste Not Work Safe
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Zen Dog |
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Zen Dog World Chat Champion
Joined: 11 Aug 2004 Karma :
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Posted: 16:55 - 13 Sep 2022 Post subject: Re: Traded bike, now other rider wants to swap back |
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Paddy. wrote: | Now he is getting fairly iffy about it.
I obviously don't want to trade back |
Then just say "no thanks". If you both made the trade of your own free will, no-one hid anything, and you don't want to swap back, that's the end of the discussion. ____________________ Current - '94 VFR750FR, '00 VFR800FI Previous - '10 Street Triple R, '92 MZ ETZ301, '05 TTR250, NSR125R, KMX125, "Honda" Win (chinese copy of an old Honda design with a C90 engine)
My bike trip around S.E. Asia 2010/2011 |
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P. Red Rocket
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xX-Alex-Xx World Chat Champion
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Pete. Super Spammer
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weasley |
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weasley World Chat Champion
Joined: 16 Oct 2010 Karma :
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Posted: 19:34 - 13 Sep 2022 Post subject: |
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xX-Alex-Xx wrote: |
https://www.thecarexpert.co.uk/does-seller-declare-damage/
An insurance write-off must always be declared at point of sale and included in any advertisement. It will also be noted in a history check on the vehicle from CAP-HPI or other providers. It’s not good enough for the seller to only provide this information when asked about it. |
That presumes that the seller knows it has been a write off. ____________________
Yamaha XJ600 | Yamaha YZF600R Thundercat | KTM 990 SMT | BMW F900XR TE |
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xX-Alex-Xx World Chat Champion
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xX-Alex-Xx |
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xX-Alex-Xx World Chat Champion
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Posted: 20:13 - 13 Sep 2022 Post subject: |
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weasley wrote: | xX-Alex-Xx wrote: |
https://www.thecarexpert.co.uk/does-seller-declare-damage/
An insurance write-off must always be declared at point of sale and included in any advertisement. It will also be noted in a history check on the vehicle from CAP-HPI or other providers. It’s not good enough for the seller to only provide this information when asked about it. |
That presumes that the seller knows it has been a write off. |
"I didn't know I broke the law" .... That usually works right?
Anyway, I refer you to the 5th post in this thread for my thoughts on all of this. ____________________ DILLIGAF |
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Nobby the Bastard |
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Nobby the Bastard Harley Gaydar
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Robby Dirty Old Man
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ThunderGuts World Chat Champion
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Old Thread Alert!
The last post was made 1 year, 216 days ago. Instead of replying here, would creating a new thread be more useful? |
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