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[ZX10R-RACER]

[Chrisblack10r]

by the letter of the law if its a private sale then it is bought as seen

there is no come back to the seller as the buyer should check it out before entering into the private sale contract

if you want to be hard then tell him unlucky, its 2000 miles different tough shit

and if he hpi'd it then it would of said the last mot mileage and he should of checked against

[ZX10R-RACER]

nice one  i dont like to think someone has bought a bike from me and is unhappy but he`s being a nob about it and wont accept my offer so he can go get fucked.

[davemfox]

Make sure you write 'sold as seen' on the paperwork Liam

Dave

[ZX10R-RACER]

turns out i was`nt at the sale as i was away so my brother sorted it but he did`nt get a recipt!

[Chrisblack10r]

the other prob you might have is if he can find out you buy and sell bikes for a living then he might get legal advice and come knocking buddy

also was it your private address he picked up from? if so just be aware of things suspicious if he comes back looking for you bud

[Kermitisaninja]

"Buyer beware" It is officially his problem he has no comeback. Wife sold a zx6r to some geezer and he had issues on the way home with it. Threatened us with court yadda yadda yadda but fook all he could do. Consumer law only appliies on business sales. He should have checked it out better.  

[ZX10R-RACER]

yep sold on my birds ebay account not through my business i bought the bike with cash from my personal account and he paid cash.

[Chrisblack10r]

yeah but if he finds out you buy and sell bikes the law might side with he as they might think you've sold it private because you know its not right (not saying you do by the way)

that way you dont conform to consumer act

just thinking out loud is all bud

[hollywood]

Surely if you sold it saying it had 19,000mls and he's got evidence of 21,000mls then it's not as advertised. The guy may have a right to all his money back even though its an honest mistake. I'd check with someone who really knows first though.


Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

[Chrisblack10r]

Surely if you sold it saying it had 19,000mls and he's got evidence of 21,000mls then it's not as advertised. The guy may have a right to all his money back even though its an honest mistake. I'd check with someone who really knows first though.

that applies to a sale through a business

private sales are sold as seen

[hollywood]

Ok Chris, cheers.

Just read a bit that says you are right about buyer beware in a private sale but at the same time it says even in a private sale, the goods can't be misrepresented to you. If that happens, then you might be able to claim compensation.

[jonah]

basically its all down to him, its his fault etc ...however i would suggest that you look at it from his point of view, have you acted in the right way? are you happy that under the circumstances you would n ot change anything?? if so and the answer is yes then evereything is fine, if however you fell a tinge of guilt then maybe its not?

[truescot]

i found this, so by the sounds of it most likely all the guy would get would be compensation of the value difference based on the milage difference which is negligable, i wouldnt worry about it. also its for cars but i am sure they have the same rules

http://www.derbyshire.gov.uk/images/ca06_tcm9-8165.PDF

If a private seller 'clocks' a motor vehicle then an offence may have
been committed under the Theft Act 1968.
Once you have bought your car you may well find you are stuck with it,
even if it turns out it has been clocked.
A breach of the Trade Descriptions Act 1968 is not a breach of contract.
If the trader is successfully prosecuted the courts may award you
compensation, being the difference in value between the true and false
mileages. It is very rare that the courts order complete reinstitution.

[Chrisblack10r]

term there is trader

this isa private sale so trades description act and consumers act does come into it