Anonymous
Anonymous asked in Cars & TransportationMotorcycles · 1 decade ago

whats the law on motorcycle traders selling wrongly advertised bikes?

,i recently purchased an off road motorbike from a dealer advertising on the web. The bike was described as ready to ride and the year of bike as a 2001 model,so after talking with the shop i arranged a bank transfer and delivery via overnight courrior.Upon recipt of the bike it has many problems not advised in the advert ie; it dosent ride ,has a major fuel leak,worn parts,not having the stuff it was advertised with and the worst one of all is its a 1999 model not 2001 as stated in the advert(which i have a full colour copy saved on my pc) also i have the invoice from the shop that has the engine and frame numbers on which says the bike is a 2001 model,but its clearly not as i checked the numbers with the manufacture my question is do i have a case for court ive tried phoning the solicitors today but being a saturday they are closed,and the seller emailed me saying that he brought it in as a 2001 model so its not his fault and hes not false advertising please reply

Update:

FULL REFUND ON ITS WAY the seller emailed me today and is refunding me in full so no need for legal action, oh and ninebadthings,you really need to get them piles looked at lol

3 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    The dealer is fully responsible for the vehicle that he is selling, he can not use the excuse that he thought it was a 2001 model.

    Here is the USA what you have is called "Bait and Switch" that is when a person/s advertise one item to get your attention and sells you another usually of lesser value and quality.

    I would first contact the Better Business Bureau (BBB) and file a claim. Hopefully you have copies of the motorcycle that you were baited into buying. Take many photos of the bike that you purchased and have a mechanic document the current shape of the bike.

    Then file a lawsuit against the dealer for fraud.

    Make sure that you gather enough evidence between the bike that was advertised and promised and the bike that you purchased.

    It sounds like you have sufficient evidence against the dealer for fraud and hopefully you can settle out of court. The only way I would settle with the dealer is to have all of my money refunded do not exchange with him and do not get another motorcycle from this dealer.

  • 1 decade ago

    It sounds to me like a clear cut case of fraud. If the only mistake was the year, which would be bad enough, you might not have a case, but since there are so many other fraudulent advertising mistakes I would at least seek council and let them decide what your chances are. I would also contact the seller again and tell him you are getting legal council and see what the response is then.

  • 1 decade ago

    To late to ans but glad you did ok

    9 Bad is about 4th on my A hole list but he is actually right on a couple of points dont buy a bike before you ride it if you do have a iron clad return policy if you dont want it for cause they will have to take it back online sales are a legal contract they have to comply

    I always say they are like a mailorder bride -A pretty picture but what is the B really like when you get her home

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