Classic Motorcycle Sale - Buyer Asking For Refund

NorthernJordan

Hello All,

I am just after some advice regarding a sale I made via a classified add on eBay a couple of weeks ago. I am a private induvidual who was clearing out a couple of classic motorcycles ahead of a potential house move and listed said motorcycle on ebay as a classified listing. I received an acceptable offer from a chap (that was a very fair price in comparison to other similar machines). I accepted the offer and took a £100 non refundable deposit ahead of inspection/collection as per item description. Item was listed as a restoration project and that although some items were missing all the important body work was present. Collection went smoothly and I had brought out the motorcycle for the potential new owner to inspect and he gave the machine a brief going over and told me he was happy and he paid the remaining the balance. On completion of the sale we both signed and received a copy of a hand written receipt which included the phrase 'sold as seen, no warranty given or implied'. Something we both laughed at as it was clearly a restoration project that needed work for it to bring back to life.

However, a couple of weeks later I have now received a letter asking for a full refund under the consumer rights act 2015/distance selling act. The new owner lists a multitude of minor defects/missing parts as the reason for the refund request. None of these defects/missing parts are out of the norm for a restoration project or are hard/expensive to source. These could have easily been identified via the photos and at the inspection prior to purchase.

Now my questions are does the guy have any grounds under the distance selling acts/consumer rights act to ask for a refund?

My understanding is the consumer rights act does not apply to a private vehicle sale? And that the distance selling act does not apply as the deal was concluded after an physical inspection prior to purchase and collection.

I am considering offering a refund (less the deposit) if the guy can return the machine in the condition I sold it in as I am a genuine enthusiast who does not want their reputation damaged in the world of 55 year old motorcycles. However, I genuinely want to know what my legal obligations are before proceeding further.

neilmcl

NorthernJordan wrote: »

Hello All,

I am just after some advice regarding a sale I made via a classified add on eBay a couple of weeks ago. I am a private induvidual who was clearing out a couple of classic motorcycles ahead of a potential house move and listed said motorcycle on ebay as a classified listing. I received an acceptable offer from a chap (that was a very fair price in comparison to other similar machines). I accepted the offer and took a £100 non refundable deposit ahead of inspection/collection as per item description. Item was listed as a restoration project and that although some items were missing all the important body work was present. Collection went smoothly and I had brought out the motorcycle for the potential new owner to inspect and he gave the machine a brief going over and told me he was happy and he paid the remaining the balance. On completion of the sale we both signed and received a copy of a hand written receipt which included the phrase 'sold as seen, no warranty given or implied'. Something we both laughed at as it was clearly a restoration project that needed work for it to bring back to life.

However, a couple of weeks later I have now received a letter asking for a full refund under the consumer rights act 2015/distance selling act. The new owner lists a multitude of minor defects/missing parts as the reason for the refund request. None of these defects/missing parts are out of the norm for a restoration project or are hard/expensive to source. These could have easily been identified via the photos and at the inspection prior to purchase.

Now my questions are does the guy have any grounds under the distance selling acts/consumer rights act to ask for a refund?

My understanding is the consumer rights act does not apply to a private vehicle sale? And that the distance selling act does not apply as the deal was concluded after an physical inspection prior to purchase and collection.

I am considering offering a refund (less the deposit) if the guy can return the machine in the condition I sold it in as I am a genuine enthusiast who does not want their reputation damaged in the world of 55 year old motorcycles. However, I genuinely want to know what my legal obligations are before proceeding further.

Absolutely none whatsoever. As you stated, this was a private sale and as long as the condition of the motorbike wasn't misdescribed the buyer has no come back. Distance selling regulations do not apply to sales between private individuals.

hollydays

Do have an eBay history of lots of motorbike sales?

Norman_Castle

Item was listed as a restoration project and that although some items were missing all the important body work was present.

Was it described as complete? What parts were missing?

None of these defects/missing parts are out of the norm for a restoration project or are hard/expensive to source.

Demonstrate this to him by offering a price list and source.

NorthernJordan

Thanks for the replies...

I have no history of sales through ebay. I am most definitely a private seller.

I can't find the original description, however it was something like this:

"The motorcycle has most of the important parts and body work present unlike many others currently for sale. However, it would appear to have had its loom and cables stripped out. One body piece has been subject to a weld repair. Would make a good base for restoration to make your own."

The parts missing are minor to say the least. Such as £5 control rods and levers stuff that you would not necessarily expect to be there on a 50 year old machine.

What I just want to know if he has a leg to stand on with his letter and threats.

bigisi

NorthernJordan wrote: »

What I just want to know if he has a leg to stand on with his letter and threats.

You've already been told that in the first reply to your OP.

NorthernJordan

Sorry. Is it as simple as that?
I'm just wondering how to respond to his letter now...

bigisi

NorthernJordan wrote: »

Sorry. Is it as simple as that?
I'm just wondering how to respond to his letter now...

Don't. If you're confident you accurately described it then you're in the clear however it might be an idea to find the exact wording of your advert just to be sure.

lammy82

Just tell him that the distance selling acts/consumer rights act do not apply because you're not a business (never mind the fact that he bought it in person anyway). The sale is final and you're sorry he's not happy but you're not offering any refund.

I assume you're not leaving out anything important like 'I actually run a classic car dealership from my house but I consider this transaction to be separate and private'

waamo

If he wants a warranty and consumer rights he should have bought from a dealer. Caveat Emptor is the legal term.

bris

Business seller or not the buyer has no rights as long as it wasn't mis-described.


This was not a distance sale as the buyer came and inspected it before buying it.