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Faulty new motorcycle after a bit over 6 months

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  • HillStreetBlues
    HillStreetBlues Posts: 6,119 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    edited 14 January 2023 at 5:12PM
    Alderbank said:

    Remember that consumer rights under CRA and CCR are limited to consumer purchases from a trader, both defined in the regs. They don't apply the other way round.
    Good point


    So the OP would need to be careful who they are selling to.
    Let's Be Careful Out There
  • Grumpy_chap
    Grumpy_chap Posts: 18,295 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As above, the repurchase and the refund minus use might be the same amount. Would it make a difference to the dealer? Presumably a repurchased bike can be sold as a customer buy back but a refunded bike may be harder to sell.

    It is symantics, but there is some "pride" in it for the Dealer / manufacturer.  A repurchase does not have the admission of anything being wrong.
    Is it semantics? (don't know, so asking)
    If the dealer buy it from the OP, then is the OP liable for any other  faults the dealer finds in the next 6 months?
    You may have made a good observation and the answer is, I don't know.

    As @Alderbank notes, the CRA and CCR only apply one way round.  However, also as intimated, the repurchase paperwork may have a standard clause about the vehicle being "fault free" though that then gets confusing as the dealer is deemed to be the expert and able to assess the product which the consumer vendor is not.
  • born_again
    born_again Posts: 20,515 Forumite
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    As above, the repurchase and the refund minus use might be the same amount. Would it make a difference to the dealer? Presumably a repurchased bike can be sold as a customer buy back but a refunded bike may be harder to sell.

    It is symantics, but there is some "pride" in it for the Dealer / manufacturer.  A repurchase does not have the admission of anything being wrong.
    Is it semantics? (don't know, so asking)
    If the dealer buy it from the OP, then is the OP liable for any other  faults the dealer finds in the next 6 months?
    Think of it like a P/X. 

    Once the dealers buys it. That is the end of the OP liability.
    Life in the slow lane
  • Think of it like a P/X. 

    Once the dealers buys it. That is the end of the OP liability.
    With a P/X I didn't think it was classed as selling but as a form of payment.

    EG   Person wants to buy car A  so offers car B plus £X  to car dealer, so dealing isn't buy car B like he isn't buying £X
    Let's Be Careful Out There
  • born_again
    born_again Posts: 20,515 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Think of it like a P/X. 

    Once the dealers buys it. That is the end of the OP liability.
    With a P/X I didn't think it was classed as selling but as a form of payment.

    EG   Person wants to buy car A  so offers car B plus £X  to car dealer, so dealing isn't buy car B like he isn't buying £X
    Ok, so think of it like these companies that offer to buy your car like "Motorway". Do they come back asking for you to pay if the new owner has problems?

    The garage the OP knows exactly what the bike is like, so can not claim miss sold.

    TBH. OP would be better buying a old 125 Honda or such. For a couple of grand & then use the £16K for petrol.
    Life in the slow lane
  • Alderbank
    Alderbank Posts: 3,917 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 15 January 2023 at 1:34PM
    Think of it like a P/X. 

    Once the dealers buys it. That is the end of the OP liability.
    With a P/X I didn't think it was classed as selling but as a form of payment.

    EG   Person wants to buy car A  so offers car B plus £X  to car dealer, so dealing isn't buy car B like he isn't buying £X

    TBH. OP would be better buying a old 125 Honda or such. 
    True. But that old Honda 125 wouldn't give you 0-124mph silently in about 2 seconds!

    On the daily commute that's 5 minutes longer in bed.
  • born_again
    born_again Posts: 20,515 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Alderbank said:
    Think of it like a P/X. 

    Once the dealers buys it. That is the end of the OP liability.
    With a P/X I didn't think it was classed as selling but as a form of payment.

    EG   Person wants to buy car A  so offers car B plus £X  to car dealer, so dealing isn't buy car B like he isn't buying £X

    TBH. OP would be better buying a old 125 Honda or such. 
    True. But that old Honda 125 wouldn't give you 0-124mph silently in about 2 seconds!

    On the daily commute that's 5 minutes longer in bed.
    As someone that rides bikes. You can forget the extra 5 mins in bed as it takes that long at least to get you kit on at this time of year 🤣
    Life in the slow lane
  • Alderbank
    Alderbank Posts: 3,917 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Fair point - as someone who used to ride bikes it took me more than 5 mins to put my leathers on at any time of year. In summer I cringe when bikers pass me wearing jeans and T shirts.

    Zero is a very well regarded and reliable make (with the caveat that electric bikes are very much developing technology) and this particular bike gets great reviews.
    I would give serious consideration to the dealer's offer of a courtesy bike plus a substantial main battery upgrade.
  • Thank you all so much for all the answers! 

    Sorry I couldn't answer earlier. 

    The manufacturer's UK manager contacted me and I will probably get their offer of a loan bike while mine is being repaired. 

    I thought that if I get a refund from the dealer, this will be very low amount, and then the dealer will make ZERO fix the bike and sell it for more than they paid me. So at least I will have the bike repaired, and as they say, futureproof, as they are installing a 2022 new battery with more capacity than the current.

    Again, very much appreciated all the answers. 
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