Online motorcycle purchase not as described

WP63

Hi all,

I'm looking some advice relating to a motorcycle which I recently purchased online from a private seller but isn't in the same condition as was described by the seller.

The bike is from a different country within the UK and as I wasn't able to view and inspect it before buying, I messaged the seller asking a list of questions including: if the numbers on the frame and engine matched what was on the V5. Did it start, run, ride, handle and stop as it should and were there any issues with the bike. The seller messaged me to say the V5 was in their name, sent me a photo of the V5 and said there were no issues.

I have now received the bike and upon inspection, there is a large piece of metal welded to the base of the frame which shouldn't be there but more importantly, there is no VIN number on the frame.

Am I within my rights to not only ask for a full refund for the bike but also the £150 courier cost that I paid to get the bike collected and shipped to me? In my opinion, I shouldn't have to lose any money from this transaction as I would not have bought the bike had the seller told me about these issues beforehand.

Thanks in advance

k3lvc

Of course you're within your rights to ask - whether the seller complies/agrees or not is a totally different matter.


Where was the bike advertised ?
How did you pay ?


In reality you've probably come off fairly lightly if that's 'all' that's wrong with it

bap98189

You can ask, but in all likelihood they are going to either ignore you or refuse. If the VIN is missing then the chances are you just paid for a stolen bike.

DoaM

Private sales have much lower levels of protection than purchases with businesses, but As Described still applies (the goods must match the description advertised), as does Good Title (the seller must be able to legally sell the goods).

From what you've described, the seller has failed the first one and (with no VIN) it is arguable they've also failed the second one.

How did you pay?

Manxman_in_exile

No doubt I'll be criticised as not answering the OP's question...BUT...why would anyone want to buy a motorbike online from a different "UK country" without being able to physically inspect it or test ride it?


Trying to be a bit more helpful - OP - I would usually say that the questions and answers would normally be part of the contract of sale (which would be helpful for you) but you are relying on txt messages. Can you establish that the answers came from the person you bought from?


BTW - what is it, ranging from, say, a 125 Honda or something up to a piece of 1000cc exotica? I ask because coming from the Isle of Man I'm very interested in 'bikes. But I wouldn't buy one online.

pinkshoes

Manxman_in_exile wrote: »

No doubt I'll be criticised as not answering the OP's question...BUT...why would anyone want to buy a motorbike online from a different "UK country" without being able to physically inspect it or test ride it?

Lots of people but bikes online. DH does, although he is mechanically minded so can sort out any problems easily. He obviously does his homework first.

One thing that cannot be sorted is obviously the missing VIN number, and the OP asked the seller this who has clearly lied.

This case will depend on how the OP paid, and/or whether they have the correct name and address for the seller. (Did they verify this before buying??)

The next step would be obviously contacting the seller to see what they say.

k3lvc

WP63 wrote: »

I messaged the seller asking a list of questions including: if the numbers on the frame and engine matched what was on the V5. Did it start, run, ride, handle and stop as it should and were there any issues with the bike. The seller messaged me to say the V5 was in their name, sent me a photo of the V5 and said there were no issues.

pinkshoes wrote: »

One thing that cannot be sorted is obviously the missing VIN number, and the OP asked the seller this who has clearly lied.

Whereas my read of the OP is that the seller avoided specifically answering the question and the OP didn't seek clarity.


I'd expect the chances of getting hold of the seller are now slim to none

DoaM

k3lvc wrote: »

I'd expect the chances of getting hold of the seller are now slim to none

Which is one of the reasons why I asked how the OP paid.

bris

A private seller can have ignorance on their side this is why it's important to view before you buy.


When asked they can just plead ignorant to the questions asked such as whats a VIN, oh sorry I had no idea what that is so wouldn't know the answer to that question". "Some things welded on, isn't that supposed to be there?"


"Caveat emptor" is a well known saying for a reason. You will need a court to decide this one, but it could go either way.