Hello all,
I recently saw a motorbike on biketraker advertised as new, unused and unregistered. The advertiser has paid for the bike in full but has never had the opportunity to pick it up from the dealer due to an unfortunate personal circumstance. The bike is still at the dealer and has not been registered yet e.g. no owners from new. The dealer is over 200miles away so make a journey to view is too far.
I've spoken to the dealer who has backed up this guys story so I know there's no fowl play going on. On this basis I agreed to make the purchase as the price is quite reasonable.
The dealer wouldn't accept the money on behalf of this guy as they said taking in the cash would conflict with the end of month figures.
Anyway, I've paid the moneys in full direct to this guys bank account and will pick up the bike tomorrow. I could have paid a deposit but thought this was the quickest method to get things sorted.
I'm assuming worst case here but....
Where do I stand if I get to the dealers and it turns out there is something damaged on the bike or it's not as described? Does the dealer take responsibility?
Can I reject the vehicle/claim my money back bearing in mind I'm not actually accepting the goods and it's still on the dealers property?
I've not actually signed anything yet to say I'm having it - apart from depositing my cash into someones account.
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'The dealer wouldn't accept the money ....... cash would conflict with the end of month figures'
eh? never heard of a dealer who wouldn't take money before!
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'The dealer wouldn't accept the money ....... cash would conflict with the end of month
figures'
what has the bike got to do with the dealer, except for storing it?
avit is either a very brave man or a very foolish man who is the subject of a con, or he is having us on.
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Dealer probably doesn't want to take the money as like he said to me 'he's already been paid for the bike'. He's just holding it out of a good gesture for the fella who couldn't pick it up.
The dealer principle I spoke to is one of the UK's largest suppliers of the model of bike I am buying.
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If the dealer is reputable then you should be ok. The danger here is you've bought the bike from its first owner not the dealer. You're a braver man than me.
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>>.. he said to me 'he's already been paid for the bike' ..
question is: how are you going to establish ownership of bike and the "owners" right to sell it to you? obviously in theory the "keeper" at the moment is the garage, but you will be the second owner as you are buying from the first owner who will have the original "first owner" invoices from the garage.
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>>>Where do I stand if I get to the dealers and it turns out there is something damaged on the bike or it's not as described? Does the dealer take responsibility?
Can I reject the vehicle/claim my money back bearing in mind I'm not actually accepting the goods and it's still on the dealers property?
I've not actually signed anything yet to say I'm having it - apart from depositing my cash into someones account.<<<
You are buying the bike privately from the person who has paid the dealer for it, the dealer is only storing it for the seller out of courtesy, if the deal goes pear shape you have to take it up with the seller not the dealer and you have less consumer rights buying privately than you would have had buying from a dealer.
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Firstly I have 100% confidence that the dealer or seller aren't pulling a fast one.
Surely the dealer hold some responsibility for the condition of the bike. Being as it is new, if there is any damage to it when I get there e.g. scratched damage, as it's couldn't have been done by anyone else but them it must be the dealers responsibility?
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Can I reject the vehicle/claim my money back bearing in mind I'm not actually accepting the goods and it's still on the dealers property?
see
www.out-law.com/page-8255
Deal struck on the phone is binding, rules High Court
OUT-LAW News, 10/07/2007
An oral contract over the phone is binding, the High Court has ruled in a multi-million pound case which threatened to undermine the way the world of high finance operates. The verbal agreement did not have to be in writing, the court found. ...
supposing the garage is flooded or burnt-down or the bike is stolen today.
have you insured it? (i guess it will be difficult without a registratrion number ?)
presumably you own it now and it is yours now as you have paid "consideration" for it?
avit, you are a brave brave brave man.
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Surely the dealer hold some responsibility for the condition of the bike. ..
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why? has the dealer entered in to a contract with you to look after what is in effect now your bike?
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Sounds as if you should be OK avit. You have taken a slight risk but people get away with bigger ones every day. I doubt if the dealer would want to get involved in any jiggery-pokery.
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its certainly a odd situation.
the dealer has been looking after the bike on behalf of the bloke who was selling it to me.
once I sign the documents the bike will be mine as the 1st owner.
I'll just have to keep my fingers crossed and hope it's a minter when I get down there.
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If the bike has no registration number it should be possible to insure it on the VIN number.
Do motorbikes have a VIN number?
If not, probably frame or engine number.
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You'll probably be OK, but if the first owner has paid the dealer for the bike, why isn't it registered?? That's my only concern, plus the insurance question raised earlier.
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I think it all sounds OK, although insuring the bike as you now own it seems like a good idea. But I bet many people pay for a cars a few days before they pick them up but don't insure until the day of collection.
It's very awkward rejecting goods from private sellers - I think in theory you have the same legal rights as if buying from a dealer, but they're more difficult to enforce.
The only downside I can see is that if you have some serious problem with the bike down the line and ended up wanting to sue someone, then your legal recourse is to the seller, not to the dealer - but that's no different than any second-hand purchase.
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>>I think in theory you have the same legal rights as if buying from a dealer>>
You certainly do not - it's the old adage in such cases of Buyer Beware.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
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Just to prove the point:
tinyurl.com/yw56ex
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
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It seems to me that this other guy ordered the bike and you have agreed to take the order instead. So he is effectively now operating as an 'agent' for you. If there are no registered owners as yet, and the invoice will be in your name, then I can't see a big problem. Just get it insured ASAP.
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Its not one of the bikes nicked from the container ship, or elsewhere, is it? Sounds like some scam to hide the origin. What make and model is it?
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>>>>It seems to me that this other guy ordered the bike and you have agreed to take the order instead. So he is effectively now operating as an 'agent' for you. If there are no registered owners as yet, and the invoice will be in your name, then I can't see a big problem. Just get it insured ASAP.<<<<<
Aprilla, If that were true there would be no problem at all, but, it is paid for and sitting in the dealers premises so therefore the order is not being transferred, the dealer is not acting as an agent, it is simply being sold as a private sale. It is also technically uninsured by the dealers insurance as it is not his property so if it were to be stolen, or the premises went up in flames the new owner could be out of pocket, !!.
Avit, with respect, if you have 100% confidence in the dealer and the seller, why the concern in your original post?.
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Either Second thoughts or he's just told the wife :)
If the dealer is known and good then I wouldnt expect an issue - why would they risk any involvement in anything iffy? If the bike has never left the dealer garage but been paid for then likely to be OK - covered by warranty etc.
maybe hpi check to be sure no finance?
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Just to prove the point:
But see:
www.dti.gov.uk/consumers/fact-sheets/page38071.html
Q12. What if I have bought a car from a private seller?
When you buy privately you do not have so many rights. You can still expect the car to be as described and if it is not, you can sue for compensation.
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anyone heard from avit yet? wonder how he got on.
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