I bought a TDM850 from a bike shop (though sold without warrenty according to receipt)less than 2 weeks ago and whilst riding home from work tonight the engine blew. Do I have a "legal leg" to stand on as the bike now clearly appears to have been faulty and I don't expect to buy a bike which will not function any longer after less than 2weeks of normal use?
Legal leg to stand on?
Posts 11 | Views 407
what age / miles?
Did they bring any problems to your attention?
Try going back to your dealer, and asking (not demanding, not at this early stage) what help / assistance they'd give you before you go down the legal route.
What exactly do you mean by the term "the engine blew"? What exactly happened to it?
Was it advertised with a warranty? Did they give you a verbal warranty? Did you sign without warranty? Did you sign sold as seen?
It doesn't matter
if they sold it without warranty, legally it has to be fit for purpose. It is obviously not, so take the bike back in a van, tell them you want your money back, or you go to tradfing standards.
Word to the wise, you should not offer to buy a bike cheaper without warranty, then complain when it goes pop
You will get your money back, eventually, but it really pisses off the dealer.
Thanks for the replies, no problems where bought to my attention when purchased, I didn't sign anything in relation to no warranty or sold as seen, though the reciept does say no warranty. I've done a little research on google and found this website which may or may not be in my favour http://www.lawgistics.co.uk/index.php?option=com_content&task=view&id=377&Itemid=206
I'm not sure whats wrong with the bike though it does seem major as it went "clunk" and stopped instantly now won't turn over (engine wo'nt spin off starter or in gear)and now leeking oil out of bottom of engine (more detail in technical forum)
Thanks for replies, will phone the shop tomorrow and possibly begin a long up hill struggle!
Difference between no warranty and no rights
Warranty is basically a guarantee to replace parts / perform repairs if it goes wrong. You still have basic sale of goods / fit for purpose, so get back to dealer and 'suggest' he reconsiders.
If not send a letter recorded delivery, stating that you want a refund for the bike as it was unfit for purpose, and unless he agrees and confirms within 7 days you'll act via the small claims court.
Assuming of course you didn't pay a rediculously small sum for the bike (like less half the normal price) in which case you sort of knew what you were buying
Thanks for all the replies people. Turns out I didn't need to worry,the shop offered me 3 options,full refund/repair(at their cost) or exhange for another bike.
The TDM had snapped a con rod! so engines beyond repair.So gone for exchange for a newer bike.
Thanks to all again.
but have you got a warranty
Goods sold have to be of merchantable quality.
Contact trading standards to know all your rights before contacting the dealer so you know how to put your case to them and not be fobbed off.
My Brother once bought a car from a dealer with a 'sold as seen' sticker on it, the engine blew on that on the way home.. He knew his rights and the dealer had to replace the engine as the vehicle was not of merchantable quality..
You have quite a lot of rights behind you if buying from a dealer (unless a fly by night)
Just read other post..Good luck
nice one..good on the dealer
praise due were its due..so whats the dealers name.
glad to see it seems to have a happy ending?