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I've just been done, what to do ???

  • 02-07-2004 11:23AM
    #1
    Closed Accounts Posts: 770 ✭✭✭


    I bought a motorbike 2 weeks ago and I'm having some major problems with it.
    There is a problem with the fuel tap. The mechanic friend of the previous owner gave me a workaround and as a result means that I don't have a fuel reserve.

    His mechanic friend looked at the problem, even though he said there was no problems with it when he sold it to me.
    It's a classic bike (26 years old) and I paid a good few quid over the odds because it
    was meant to be a pretty good example and in perfect condition. He is used the old "it's an old
    bike crap with me" to fob me off when I said I want him to sort out the fault.

    The work around has failed after 2 days and now I'm left with a dead bike and weeks of sourcing parts and paying for them out of my own pocket to fix it to look forward to.

    Does anyone know where I stand regarding getting the previous owner to pay for this problem?
    or where I can go from here??

    Any constructive advice appreciated.

    Thanks
    V


    Ps: mods, if you think this is in the wrong forum, please move


Comments

  • Registered Users, Registered Users 2 Posts: 24,488 ✭✭✭✭Sleepy


    Did the mechanic friend give the bike an "official inspection"? If so, he's liable AFAIK.


  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭Sleipnir


    he's not liable if he made you aware of the problem before you handed the money over.


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    Originally posted by Sleipnir
    he's not liable if he made you aware of the problem before you handed the money over.

    He said there was no problems with it. I drove it up and down the street, but that was probably with the fuel that was in the carbs. I spoke to him twice since i bought it and he said that it was definitly ok when he gave it to me.


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    I just found out today that the problem is with the carbs and they need to be stripped and cleaned. It's going to cost me one of my kidneys to get that work done in a garage.

    Woe is me :(


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    Originally posted by Sleipnir
    he's not liable if he made you aware of the problem before you handed the money over.

    Are you sure of that ??? Where can i get that in writing ?


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  • Closed Accounts Posts: 88,968 ✭✭✭✭mike65


    This would be better discused in Motors, but the rule is simple - buyer beware!

    A private seller has no obligations towards the seller - its sold as seen, you take the chance and live with any downside. An ad-hoc inspection done by a friend of the seller is no protection!

    You'll have to live with the problem.

    Mike.


  • Closed Accounts Posts: 526 ✭✭✭dendenz


    contac the citizens advice bureau on 1890777121

    they might help and if you bought it through somewhere ;like buy and sell or a publication similar to that tell them and they might help you out


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    Thanks guys,

    I've contacted the Buy and Sell and the Consumer Advice Bureau. And I'll see where it goes from there.

    If anyone wants to buy a large chunk of metal the resembles a motorbike please PM me !!!!


  • Closed Accounts Posts: 13 Crotch Chop


    Sucker. I guess you might be a bit more careful the next time.


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    Originally posted by Crotch Chop
    Sucker. I guess you might be a bit more careful the next time.


    Did you read my first post ?? It said "constructive advice". I'm not a sucker, I've just been lied to buy a seller, happens every day in Ireland. Only in this case it was a private sale.

    Mike65, can I suggest you give Crotch Chop the gift that keeps on giving !!, a nicely wrapped banning.


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  • Closed Accounts Posts: 88,968 ✭✭✭✭mike65


    Originally posted by Verdammt


    Mike65, can I suggest you give Crotch Chop the gift that keeps on giving !!, a nicely wrapped banning.

    Sadly I dont have the power (can only mod my own patches).

    Crotch Chop play nice eh? Verdammt's feeling bad enough as it is.


    Mike.


  • Closed Accounts Posts: 13 Crotch Chop


    Sorry.

    Is that okay?


  • Closed Accounts Posts: 88,968 ✭✭✭✭mike65


    Lovely! :)

    Mike.


  • Registered Users, Registered Users 2 Posts: 1,828 ✭✭✭ven0m


    Actually - he is liable for ANY problems within 6 months of selling you the vehicle. A mate's Dad lost a court case where he sold a car to someone & it developed problems a month after he sold it & the guy took him to small claims & the judge said as a seller of the vehicle he was responsible for any defects that appear within 6 months of the sale..... so I'd suggest you seek legal advice & go for a small claims court appearance as it falls under the sales of goods & services act, & goods "must be of merchantable quality" - which this bike was obviously not.... but the old saying goes "let the buyer beware"


  • Closed Accounts Posts: 88,968 ✭✭✭✭mike65


    Originally posted by TheSilverSurfer
    ...the judge said as a seller of the vehicle he was responsible for any defects that appear within 6 months of the sale.....

    Heck the small claims court should be bursting!

    Found this -

    http://www.consumerassociation.ie/rights_knowrights.html
    Second-hand goods

    These must also be of merchantable quality but the standards are lower. If you buy something through a private sale, your rights are greatly diminished. Goods do not have to be of merchantable quality, they merely have to be owned by the seller and fit their description. It is up to you to check out the goods before buying.

    Mike.


  • Registered Users, Registered Users 2 Posts: 117 ✭✭snoopish


    actually ya small claims court is bursting, it takes months to get a court hearing. You should look up the trades description act if you want to know more about your rights, however I'm not sure if it directly applies under a private sale. Small claims court can be costly and you may not win, so make sure you do your research and try to recall the exact circumstances of the sale, before you do anything drastic!


  • Closed Accounts Posts: 178 ✭✭bender


    i have a 1968 royal enfield. I do have quite some experience with them older bikes. Can you tell me what kind of a bike it is. I might be able to get some thing for you. They are well woth the effort if you can get it fixed. They are quite simple, just a few weekends of care and dirt will get you sorted.


  • Registered Users, Registered Users 2 Posts: 2,670 ✭✭✭Doc


    Did you sigh for the bike and did anything you sighed have sold as seen on it?

    If so your screwed


  • Closed Accounts Posts: 770 ✭✭✭Verdammt


    Originally posted by bender
    i have a 1968 royal enfield. I do have quite some experience with them older bikes. Can you tell me what kind of a bike it is. I might be able to get some thing for you. They are well woth the effort if you can get it fixed. They are quite simple, just a few weekends of care and dirt will get you sorted.

    Hi Bender,

    It's a Kawasaki 1978 Kz400 (B). I've just been told that the carbs might need to be cleaned !!! Do you know anything about this ??

    Thanks
    V


  • Registered Users, Registered Users 2 Posts: 1,828 ✭✭✭ven0m


    Cleaning carbs is a piece of piss & if you can't do it - ANY decent bike shop can - doesn't cost that much neither.....even doing it yourself....


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