Help needed...threatended with solicitors...private sale....
#1
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How do i stand here chaps?
Gutted to say the least. Just had the guy i sold the bike to on phone. Bikes a bag of shit he says, frame is bent and been bodged up including radiator. WTF
As far as i knew it had been in a slow slide, which i stated in the ad on ebay!! I DID NOT know it was that bad...im gutted for him and myself. He wants his money back, ive said sold as seen...but i feel like a peice of shit for it.
he has said right then we will see what the solicitor says...
How do i stand?
Gutted to say the least. Just had the guy i sold the bike to on phone. Bikes a bag of shit he says, frame is bent and been bodged up including radiator. WTF
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he has said right then we will see what the solicitor says...
How do i stand?
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#5
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Sold as seen.
It is upto the buyer to get it HPI checked against this sort of thing, and it is also upto the buyer to ask for an inspection such as the AA/ RAC etc etc
I know where you are coming from Lee, its a shit situation, but at the end of the day, you sold it in good faith detailing everything you knew about it. There is nothing more you could of done short of stripping it to component level and checking yourself.
It is upto the buyer to get it HPI checked against this sort of thing, and it is also upto the buyer to ask for an inspection such as the AA/ RAC etc etc
I know where you are coming from Lee, its a shit situation, but at the end of the day, you sold it in good faith detailing everything you knew about it. There is nothing more you could of done short of stripping it to component level and checking yourself.
#7
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If it stated sold as seen, that's what it is, he obviously didn't look when he bought it.
What he really means is he has found something better or cheaper and doesn't want it now.
I don't think there are many bikes that haven't been dropped. and damaged.
.
What he really means is he has found something better or cheaper and doesn't want it now.
I don't think there are many bikes that haven't been dropped. and damaged.
.
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#10
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Sold as seen is one point but another that many seem to foget is "goods must be fit for the purpose for which they are sold"
I would argue that the buyer is as much (if not more so) to blame as it's his responsibilty to check over what he is buying thoroughly. I walked away from many a shed of a car because I checked it over properly and knew they were crap. If I'd purchased any one of them the blame would lie with me
I would argue that the buyer is as much (if not more so) to blame as it's his responsibilty to check over what he is buying thoroughly. I walked away from many a shed of a car because I checked it over properly and knew they were crap. If I'd purchased any one of them the blame would lie with me
#11
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Cheers guys.
Gracie im not on msn mate![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
One part of me is saying, ''sold as seen, and ive been done up as much as he has and im pissed off with that'', but the nice part of me is saying'' give the lad his money back''
wtf
Gracie im not on msn mate
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One part of me is saying, ''sold as seen, and ive been done up as much as he has and im pissed off with that'', but the nice part of me is saying'' give the lad his money back''
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wtf
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#15
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Sold as seen. Buyer should have noticed all this stuff when he picked it up. For all you know he may well have crashed it since he got it and is now trying to pull a fast one.
#19
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Only thing thats bothering me is that in the Advert is said my mate had come off in a slow slide. I only guessed it had been in some sort of slow slide because the right footrest was wore, the exhaust was dented and i could tell the right fairing was newer than the left. So rather than just try to hide that, i said i knew it had been in a slow slide...but i just guessed...thats whats bothering me ![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good
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#20
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It doesnt say "sold as soon" in that advert anywhere that i noticed??
It makes it sound like the bike is perfectly straight still and fit for purpose, doesnt say "sold for spares or repair" or anything like that, so personally i think you might be in a bit of bother there as it sounds like he has every right to demand refund on the basis it wasnt fit for the purpose for which it was sold.
But if your solicitor is positive you are in the clear, im sure she knows better than we do, so just go with her advice and ignore him.
It makes it sound like the bike is perfectly straight still and fit for purpose, doesnt say "sold for spares or repair" or anything like that, so personally i think you might be in a bit of bother there as it sounds like he has every right to demand refund on the basis it wasnt fit for the purpose for which it was sold.
But if your solicitor is positive you are in the clear, im sure she knows better than we do, so just go with her advice and ignore him.
#21
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Firstly, put it this way, if I'd bought it I'd be fuming but then at the same time my eyes would be my judgement before I parted with any cash. Its up to you what you do but personally I'd give him his money back as it doesnt declare any sold as seen on your advert or like Chip says "spares or repairs" which is what it should be if it is correct that the frame is bent.
Secondly I'd also be asking my mate why he sold me a bike with a twisted frame
Secondly I'd also be asking my mate why he sold me a bike with a twisted frame
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#22
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tbh i wouldnt feel shit mate aslong as you gave the bloke a reciept saying sold as seen its out of your hands now at the end of the day the bloke must of had a good look round the bike when he bought it?. and now all of a sudden its fooked imo hes trying to pull a fast one he aint got a leg to stand on tell him where to go.
#24
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Did you have the bike MOT'ed while you owned it?
was the MOT currently on it before or after the accident?
With Ebay, there are no comebacks, I know this as I bought a jetski, described as needing a service, stopped running.
And since then found that engine needs a complete rebuild, had broken piston, rings and melted piston on 2 of 3 cylinders, and also damaged crank.
There is no way to get money back off ebay sellers, even in my case when the ski was completely mis-described.
As others have said, its the buyers responsibility to check everything, and get an inspection carried out at their expense if they want to be totally secure in the knowledge that the vehicle is what they are hoping for.
As you say you didnt know, and havent tried to purposely conceal any hidden damage, you have been honest about the drop/slide. He must have stripped the bike down to find these problems which I find very suspect in itself. Why dismantle a bike after just buying it?
I wouldnt be bothered if it was me, its not new, its sold as is..
was the MOT currently on it before or after the accident?
With Ebay, there are no comebacks, I know this as I bought a jetski, described as needing a service, stopped running.
And since then found that engine needs a complete rebuild, had broken piston, rings and melted piston on 2 of 3 cylinders, and also damaged crank.
There is no way to get money back off ebay sellers, even in my case when the ski was completely mis-described.
As others have said, its the buyers responsibility to check everything, and get an inspection carried out at their expense if they want to be totally secure in the knowledge that the vehicle is what they are hoping for.
As you say you didnt know, and havent tried to purposely conceal any hidden damage, you have been honest about the drop/slide. He must have stripped the bike down to find these problems which I find very suspect in itself. Why dismantle a bike after just buying it?
I wouldnt be bothered if it was me, its not new, its sold as is..
#25
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Nath
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Private sales are sold as seen as far as im aware, you dont have to state it in the AD.
I thought it had been down on the right, and stated in my advert that it had been down and i knew it had,,,,but i didnt know it had..i just assumed.. Surely it is up to him to check it over properly...just like i should have done
chip-3door
Private sales are sold as seen as far as im aware, you dont have to state it in the AD.
I thought it had been down on the right, and stated in my advert that it had been down and i knew it had,,,,but i didnt know it had..i just assumed.. Surely it is up to him to check it over properly...just like i should have done
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#28
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Originally Posted by Lee Reynolds
Nath
chip-3door
Private sales are sold as seen as far as im aware, you dont have to state it in the AD.
I thought it had been down on the right, and stated in my advert that it had been down and i knew it had,,,,but i didnt know it had..i just assumed.. Surely it is up to him to check it over properly...just like i should have done
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chip-3door
Private sales are sold as seen as far as im aware, you dont have to state it in the AD.
I thought it had been down on the right, and stated in my advert that it had been down and i knew it had,,,,but i didnt know it had..i just assumed.. Surely it is up to him to check it over properly...just like i should have done
![Wall](https://passionford.com/forum/images/smilies/wall.gif)
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As it could be said to imply that if looks fit for a purpose, then you as a seller are guarenteeing that it is indeed sold exactly as its seen, ie seen to be fit for that purpose.
I was told the ONLY way to avoid the "fit for purpose" obligation of the 1979 sale of goods act with regards to a car was to write "sold for spares or repair only" on the receipt.
#29
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As a seller you have given more information than you needed to. If you were aware the bike was on the hit list then by law you need to inform any potential purchaser, however either the bike wasn't on the list or you didn't know. By telling them it has been damaged at some point means the onus is on the buyer to thoroughly check out the bike. I assume you did two receipts, one for him and one for yourself, stating Sold as as Seen. If so then you don't have anything to worry about, both on a legal and also a moral level.
#30
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Originally Posted by S1
As a seller you have given more information than you needed to. If you were aware the bike was on the hit list then by law you need to inform any potential purchaser, however either the bike wasn't on the list or you didn't know. By telling them it has been damaged at some point means the onus is on the buyer to thoroughly check out the bike. I assume you did two receipts, one for him and one for yourself, stating Sold as as Seen. If so then you don't have anything to worry about, both on a legal and also a moral level.
#31
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The fact still remains that if it is true what the guy is saying then he has a pile of metal thats a potential fecking death trap
I'd hate to deal with some of you lot judging by some of the replies. If you'd just parted with Ł2750 would you be happy?
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I'd hate to deal with some of you lot judging by some of the replies. If you'd just parted with Ł2750 would you be happy?
#32
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ok lee lets look MORALY on this situation please !!!
he has just parted cash with a honest bloke,,,, the bike is fucked and he never knew nor did you ?
hes just fucking bought it, he may have got iot checked when it was bought and discovered this,,,,,, its soo easy to go " not my problem any more"
thats fucking bollox though, you should be having a work with you mate as hes sold you a death trap !!!!!
personally i would give him his cash back and break it on ebay,,,, you will get more cash for it too !!!!
think about if it was your soon to be born son or daughter who bought something they may have saved for over a year to buy and find its wank
think by you saying " oh well, sorry to hear about that" your just following the trend and more people get shat on from a height,,,,, be the bigger man and remember you aint that bad off in life and you DID sel a bike that was unfit to use,,,, dont hide behind the " sold as seen" incase the bike is a shitter
how would you feel if your escort you bought was a ringer,,, the other guy never knew and he bought it off his mate who rung it on the quiet,,,, bet you would accept the " sold as seen" line wouldnt you
give him hes cash back and break the thing and learn from your mistakes,,,,, its the RIGHT thing to do,,,, your a family man now mate,,, you need to show good examples and good karma for you furture child imo
he has just parted cash with a honest bloke,,,, the bike is fucked and he never knew nor did you ?
hes just fucking bought it, he may have got iot checked when it was bought and discovered this,,,,,, its soo easy to go " not my problem any more"
thats fucking bollox though, you should be having a work with you mate as hes sold you a death trap !!!!!
personally i would give him his cash back and break it on ebay,,,, you will get more cash for it too !!!!
think about if it was your soon to be born son or daughter who bought something they may have saved for over a year to buy and find its wank
think by you saying " oh well, sorry to hear about that" your just following the trend and more people get shat on from a height,,,,, be the bigger man and remember you aint that bad off in life and you DID sel a bike that was unfit to use,,,, dont hide behind the " sold as seen" incase the bike is a shitter
how would you feel if your escort you bought was a ringer,,, the other guy never knew and he bought it off his mate who rung it on the quiet,,,, bet you would accept the " sold as seen" line wouldnt you
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give him hes cash back and break the thing and learn from your mistakes,,,,, its the RIGHT thing to do,,,, your a family man now mate,,, you need to show good examples and good karma for you furture child imo
#33
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Originally Posted by chip-3door
Originally Posted by S1
As a seller you have given more information than you needed to. If you were aware the bike was on the hit list then by law you need to inform any potential purchaser, however either the bike wasn't on the list or you didn't know. By telling them it has been damaged at some point means the onus is on the buyer to thoroughly check out the bike. I assume you did two receipts, one for him and one for yourself, stating Sold as as Seen. If so then you don't have anything to worry about, both on a legal and also a moral level.
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I didnt so any reciepts as i was told ages ago that they mean nothing in private sales...
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#34
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Originally Posted by Lee Reynolds
Only thing thats bothering me is that in the Advert is said my mate had come off in a slow slide. I only guessed it had been in some sort of slow slide because the right footrest was wore, the exhaust was dented and i could tell the right fairing was newer than the left. So rather than just try to hide that, i said i knew it had been in a slow slide...but i just guessed...thats whats bothering me ![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good![Wall](https://passionford.com/forum/images/smilies/wall.gif)
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good
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#35
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b19bal
that IS whats going through my mind Ginge as im that kind of person.....deep down i do wanna give the money back, but on the other hand im also thinking why should i when i genuinely didnt know!
that IS whats going through my mind Ginge as im that kind of person.....deep down i do wanna give the money back, but on the other hand im also thinking why should i when i genuinely didnt know!
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#36
just finding my feet
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Originally Posted by Nath
The fact still remains that if it is true what the guy is saying then he has a pile of metal thats a potential fecking death trap
I'd hate to deal with some of you lot judging by some of the replies. If you'd just parted with Ł2750 would you be happy?
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
I'd hate to deal with some of you lot judging by some of the replies. If you'd just parted with Ł2750 would you be happy?
fuck i thought it was just me,,,,, thank fuck for that
maybe its cause i never sell thing and usually give stuff away
if i sold my car and it was a ringer i would accept it was ME who should have seen that and accept it,,,,,, i would also contact the seller to me,,, if a mate i would be getting my fucking cash of him,,,,,, i can promise you any person in my circle would NEVER sell me thing thats fucked even if he never knew it and would say " sorry mate,,,, bitch aint it"
he my mate crashed the car first and then got it repaired to a shite standard i would get my money back after the phone was put down
good luck what you choose mate,,,,, but fuck me some of you lot are pricks and would do anything for money i bet
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#37
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Originally Posted by Redkop
Originally Posted by Lee Reynolds
Only thing thats bothering me is that in the Advert is said my mate had come off in a slow slide. I only guessed it had been in some sort of slow slide because the right footrest was wore, the exhaust was dented and i could tell the right fairing was newer than the left. So rather than just try to hide that, i said i knew it had been in a slow slide...but i just guessed...thats whats bothering me ![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good![Wall](https://passionford.com/forum/images/smilies/wall.gif)
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
Id feel better if i hadnt said anything about it,as i knew nothing about it, but im too honest for my own good
![Wall](https://passionford.com/forum/images/smilies/wall.gif)
![](http://www.lancerregister.com/images/smilies/confused.gif)
I bought the bike, and when polishing and shit little things stood out and i thought this has been in a slide.. So, not wanting to put on my add ''i think its been in a slide'' and put i knew it had....Why i dont know
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ANYWAYS..
Talked it over with Lindsay, and im giving him his money back. Im too nice and honest to not do....
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#38
just finding my feet
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Originally Posted by Lee Reynolds
b19bal
that IS whats going through my mind Ginge as im that kind of person.....deep down i do wanna give the money back, but on the other hand im also thinking why should i when i genuinely didnt know!![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
that IS whats going through my mind Ginge as im that kind of person.....deep down i do wanna give the money back, but on the other hand im also thinking why should i when i genuinely didnt know!
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
lee pm gurnE and ask him what you bike will fetch as spares on ebay roughly
you will get more back for it in bits mate anyway,,,, so you will be a decent bloke and also earn out of it rather than being yet another prick who aslong as he gets the cash dont give 2 fucks about it
my old man has been driving for years mate,,,,,,, he still cant change a fucking spare wheel yet when i bought my first car he was the one test driving it
![Surprised](https://passionford.com/forum/images/smilies/bigcry.gif)
mate its your desision but based on the fact you can get more breaking it,,,,, its a no brainer
lee ive had my cossie nicked and i got fuck all back for it,,,, i can get cars stolen to order as anyone in life can,,,, ive got the vin plate and i can get a floor stamped PROPER and get alot of stuff to do a proper ringer if i wanted and would cost me the 1000 to get it done through my contacts in the trade
hell i even know where all the cossies from this area are parked and know of a 400bhp cossie parked on the road just off the A10,,,,,, but im not that kind of person to accept that cause ive had my car nicked then why cant i do it to others
we are normal people mate and we are what we choose to be,,,,, be fair and honest and you will beable to show your children the correct way in life,,,,,, and learn from the experience too
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#40
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at the end of the day, the guy should of checked the bike over properly, if he knew it had been in some kind of slide, he should of ued his mind and checked the bike more thoroughly, thats like me going to buy a cossie and knowing its been in a crash and not checking the damage. for all we know the guy may of come off the bike and caused more damage, and is trying to pull the wool over your eyes to ge his cash back...truthfully mate its down to the buyer not the seller...