Buying from a dealer, says he sold on behalf of a private person!

[Iamjb]

Good evening,
i brought a motorcycle from a dealer in Hertfordshire and there has been issues with the battery and it went to be repaired which I had to pay for the new battery... Now there is an issue with the immobiliser and the vehicle is ' not fit for purpose' I have told the dealer I want to reject the vehicle, having only had it for 7 days. The dealer now says he will repair the vehicle but won't give a refund as it was sold on behalf of a private person who has now spent the money. I payed for the motorbike with a credit card, and got an invoice from the company, they were the ones I paid.

Are they still liable as a trader..?

[Amethyst]

Re: Buying from a dealer, says he sold on behalf of a private person!

If you paid the dealer, and the dealers name is on the receipt and you thought you were buying from the dealer than the Sale of Goods Act applies totally.

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

Thanks for the reply, it was advertised, as being sold on behalf of a customer, however I didn't read the advert and it's now gone from auto trader so I only have there word for that... When I paid for the bike I paid the dealer, and was give the receipt from the dealer, it does not show on the invoice anything about a 3rd party sale...

[Amethyst]

Re: Buying from a dealer, says he sold on behalf of a private person!

It might still be available in the Autotrader site cache, I'll ask Tools to have a look if you could pm him with the dealer name make model or reference of the original advert. The advert, as I'm sure you know, does form part of the contract and it's likely the dealer has a copy so best to double check if possible.

http://sogahub.tradingstandards.gov.uk/

[Tools]

Re: Buying from a dealer, says he sold on behalf of a private person!

Hi jb, as Amethyst has asked, try give me as much info as possible that you can remember of the ad, even though it is now removed if you have the original URL address that would help.

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

PM sent... Thank you all!

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

It might still be available in the Autotrader site cache, I'll ask Tools to have a look if you could pm him with the dealer name make model or reference of the original advert. The advert, as I'm sure you know, does form part of the contract and it's likely the dealer has a copy so best to double check if possible.

http://sogahub.tradingstandards.gov.uk/

Tools is looking into it, thanks for your help so far, if the advert forms part of the contract, i didn't read it.... i looked on auto trader saw a registered autotrader dealer within a few miles with a fews bikes for sale, so i went to have a look... i was never told at the time of sale or viewing that it was being sold on behalf of customer...

[Tools]

Re: Buying from a dealer, says he sold on behalf of a private person!

Right, I have trawled Google cache and can't find anything relating to a Honda CBR 900 RRY at £2250 for sale by Hertfordshire Superbike Centre on Autotrader, but never mind.

The main fact is that you paid them for the bike, you were given an invoice with their name on it and you paid (at least £100 I hope) by credit card. Do you have the previous owners details on the V5, if so contact them and ask them to verify his story and how much they were paid by the dealer for it, whether it was a part ex etc etc.

They have many bikes for sale advertised as "selling on behalf of a customer" and I suspect they are just trying it on to get out of any come back. Inform them that they are liable and they should either repair the bike foc or refund your money. Id not you will take it up with your credit card company and request a refund under Section 75.

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

Thank you for looking, The company have offered to repair the vehicle but this is the second time in 7 days it has gone wrong i have now asked for a refund. They are refusing at the moment and only offering to repair, saying that the 'person they sold it for, has now spent the money'..... i will reply saying still want the refund, and that that are liable, if no joy, i will go down the credit card route, i paid for the whole bike on a credit card....

Thanks again... ill up date soon

[Tools]

Re: Buying from a dealer, says he sold on behalf of a private person!

To be fair if they have offered to repair the bike FOC them you have to give them opportunity to do so. You could also consider asking for a free service/work done to the bike to a set value for your trouble. Worth a try.

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

i understand that, but the way i read the sales of goods act was, if its not fit for purpose, then there are the options of repair, refund and money off etc.. and it is my decision which i choose not the dealer... am i not correct in thinking this?

[Tools]

Re: Buying from a dealer, says he sold on behalf of a private person!

You are correct, but you may be seen as being unreasonable if it is not a major repair, a battery for example as opposed to a gearbox or new frame. What exactly is the fault with the bike? btw is it a Blade?

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

yes its a blade, first fault was a battery, which i ended up paying for... now the immobiliser/ alarm, has gone faulty and can't be disabled without putting in a code with the keys and led light sequences... so the bike is an expensive lump and not 'fit for purpose'... also there are fuel injector problems which they say are related to the failed immobiliser and battery... its a new one on me!

[Tools]

Re: Buying from a dealer, says he sold on behalf of a private person!

And they are unable/unwilling to fix it at their cost?

[Iamjb]

Re: Buying from a dealer, says he sold on behalf of a private person!

yes they have offered, but i had a bad experience with a car before, which cost me a lot in repairs, this bike is looking like a problem child after only 7 days of ownership... i don't want to seam unreasonable, but i should be using it to commute daily and out of the 4 days i should have used it its only worked twice. one of the failures was at 5am... i was not a happy chappy.... its been in a garage being look at more that its been sat on my drive....