Well I spoke too soon and I'm going to need a fair bit of pacifying.
The bike was not as it was described. It has not got 26000 miles, it has 43000kms. Full service history is just a load of receipts from 20000kms on with no books. The advert clearly stated miles and FSH. It is actually Japanese import which came into the UK in 2002. Up-shot is that I'm taking advice from trading standards plus my Missus works for the police and see where I stand. The bloke wont take a call and is purely responding my texts which in a way gives clear evidence.
I love the bike, it looks great but this has pretty much ruined the experience for me.
sh1t man I feel ya, unfortuneately its going to be restrcted as well to 100hp, if you see a storm go flying past you then you know it is......I dont think you can do anything about it either as its the old Latin thing Caveat Emptor...read this.....
[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects.
When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.
This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself.
The modern trend in laws protecting consumers, however, has minimized the importance of this rule. Although the buyer is still required to make a reasonable inspection of goods upon purchase, increased responsibilities have been placed upon the seller, and the doctrine of caveat venditor (Latin for "let the seller beware") has become more prevalent. Generally, there is a legal presumption that a seller makes certain warranties unless the buyer and the seller agree otherwise. One such Warranty is the Implied Warranty of merchantability. If a person buys soap, for example, there is an implied warranty that it will clean; if a person buys skis, there is an implied warranty that they will be safe to use on the slopes.
A seller who is in the business of regularly selling a particular type of goods has still greater responsibilities in dealing with an average customer. A person purchasing antiques from an antique dealer, or jewelry from a jeweler, is justified in his or her reliance on the expertise of the seller.
If both the buyer and the seller are negotiating from equal bargaining positions, however, the doctrine of caveat emptor would apply.
Thanks fellas and I'm really restraining my language....
It's being checked out for restriction tomorrow by my local dealer. The advert clearly states 'Miles' and 'FSH' - it is clearly misrepresented, I just need to follow it to the logical conclusion. I've told the seller that if he gives me a £250 refund, that I'll park it.
The dealer thinks I've still got a hell of a deal based on its condition - I really do love the bike - if its restricted, then I'll take advice on how to remove it - if you can?
OMG it doesnt get better m8, they are not power restricted but limited to 112mph.............gulp. Unless its been very expensivly converted. Did he sell it "AS IS"........
Nope - advert did not say "As-is" and nor did the receipt say "Sold-as-Seen"
As far as I'm concerned, I've got him bang to rights and will hunt him down like the devious armpit he is. I've got Tuesday as holiday and will talk to trading standards then or will call them tomorrow.
I have just submitted an online form to Consumer Direct and it does not read well for him. Just need to figure whether the law is going to be an a$$ or not.
If it does need de-restricting - is there a thread on here?
might also be an orifice plate in the throttle bodies - should be easy to remove, and might be a mapping issue that could be sorted with a power commander.
all this will cost money though, i think youve been duped.
if the seller was honest about the bike you couldve decided for yourself if it's worth it, wheras as it is you were led to believe it was a uk bike in good order.
the law is on your side in this case i'd say.
one bonus is, if it is restricted to 100bhp it won't have been ragged or tracked
You do not have to say anything. But it may harm your defence if you do not mention when posting something which you later rely on in quote. Anything you do say may be ripped to sh*t.
Hi Wicky
Sadly not or I most definitely would not be in this dilemma. I live in Wales, this bloke lives in Scotland. His advert on MCN was very clear as to what it was with FSH with mileage stated in miles. I called the bloke several times and asked all the standard questions and agreed to purchase via CHAPS transaction. Ordered the courier and Bob's your Marley...
Hey-ho, nowt I can do right now apart from cross my fingers.
Tony
Unless its been very expensivly converted. Did he sell it "AS IS"........
