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Online Admin

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Re: What would you do?
« Reply #10 on: March 20, 2019, 10:16:40 PM »
Unless the fault was specifically stated in the sale contract, the sales description, or the bike is bought "for spares", then it's my understanding that the bike could be deemed to be "unroadworthy". On that basis it is an offence to sell an unroadworthy vehicle under the Road Traffic Act. The fine is up to 5,000.

Yes, as it's a private sale then "buyer beware" applies, however the bike must still be "roadworthy". So as an example, it's up to the buyer to decide whether the gearbox is on it's last legs, but if the brakes are leaking brake fluid and you were not informed in writing then that's "unroadworthy". The seller can sell the bike with such a fault but it must be in the sales description / sales contract. For safety to all, that then gives you the opportunity to transport the bike on a trailer instead of riding it home on the road.

Might be advisable to get some legal advice. Your local trading standards should help and, if applicable, would probably do the prosecution on your behalf in conjunction with the DVLA.

Obviously, to avoid all this it would be best if the seller came up with a mutually agreeable solution to the issue.
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Offline chuckxc

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Re: What would you do?
« Reply #11 on: March 21, 2019, 12:39:04 AM »
Who issues a Roadworthy Certificate in UK? In Australia that is a State licensed inspector who would/should have flagged it and could be held liable if he didn't The fact that the seller disguised it would be relevant to his defense.


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Online Paulhere

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Re: What would you do?
« Reply #12 on: March 21, 2019, 06:59:32 AM »
It wouldn't pass the UK MOT test like that so shouldn't be on the road.
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Offline prenticemarie

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Re: What would you do?
« Reply #13 on: March 21, 2019, 03:38:51 PM »
*Originally Posted by Admin [+]
... Obviously, to avoid all this it would be best if the seller came up with a mutually agreeable solution to the issue.

If there is not a mutually agreeable solution to the issue, it would be logical to assume that the seller was aware of the problem, therfore to forewarn the Forum he shoule be named IMO.  :028:
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Re: What would you do?
« Reply #14 on: March 21, 2019, 03:43:59 PM »
.......therfore to forewarn the Forum he shoule be named IMO.

This is between the seller and the buyer, trial by internet will not happen here.

The OP has asked for advice on what to do next and members have provided their opinion. However, this is purely a matter between the buyer and the seller as none of us know what really happened during the transaction. We cannot assume anything, nor is it our business. Accusing another member by publicly naming them is potentially defamation and is not allowed on the forum.

 :031:
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Offline prenticemarie

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Re: What would you do?
« Reply #15 on: March 21, 2019, 06:28:09 PM »
Agreed, but we are entitled to express an opinion, which is not an accusation. It will be interesting to see if "hungrytang" posts the outcome. :031:
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