Sold a wreck by another ABR..... What to do ???

[*Touring Ted*]

What do you do when you're sold a bike which turns out to be essentially an unsafe write-off ??? The bike was bought unseen but from a 'Reputable and honest' acquaintance. The bike had been promised and assured to be straight, in good rideable condition and with the promise that it had been professionally inspected to be so too. But when it was delivered, warning bells started sounding. After short inspection, I found it's got a badly bent frame and is essentially a write off. Along with a load more problems that weren't mentioned. Jammed throttle, broken fairings, twisted radiators, dented exhaust etc. I was told the bike was dropped and the bars had been bent but replaced. That's all !!! It's an older bike so you expect a few bumps here and there, but a frame twisted into the engine IS NOT ACCEPTABLE !! I asked for plenty of pictures and they have been cleverly taken to hide all damage or signs of being out of shape.
I contacted the seller as soon as I noticed (a couple of days after delivery) and they just say "Sorry, I didn't know" Basically, "Tough Sh*t"... The extent of the damage is impossible to ignore. The front tube is twisted and points off to the left and one side of it rests against the engine. They even admitted that they knew the steering was off and had just got used to it.. That's not what they told me before I bought it.. I feel like I've been totally scammed.
Instead of loosing my temper I calmly offered to repair the bike (At huge personal expense) but I would appreciate a contribution to the cost. To which they just ignore.. I asked for merely £300 towards the £1500 repair bill just so I could buy a used frame.
If I sold a bike to someone in such a state, knowingly or not, I wouldn't hesitate to buy it straight back or at least help with the repair. I couldn't sleep at night knowing I'd offloaded a wreck onto another biker... This guy has just washed his hands of it and is seemingly laughing all the way to the bank with my money. The bike was going to be tidied up, serviced and sold on to pay the rent to keep my new, fragile business going. Now it's going to need a new frame and will cost me far more to fix than I could ever sell it for.. I'm going to have to borrow money from family to pay for this and I'll just have to keep it.
Some of my friends suggest I name and shame him (which I don't want to do.. I see no point..So don't ask).. Some people suggest I decapitate him with an angle grinder (Tempting but not my style lol).
Some more sensible suggestions are that I sue him due to having written evidence of their assurance of a good, straight, independently tested bike.. Basically it was misrepresented and ignorance is no excuse. But legal action is a long and messy affair and also not my style.
Has anyone had similar experiences ???? How did you resolve them ??. I can understand the whole "Buyer beware" scenario if I was buying a £200 Vauxhall Astra from an unknown scally on a council estate but for me, it's not the same..
I genuinely think a lot about the community of Motorcycle riders and travellers. I'm more in shock of the complete contempt this guy seems to have for the situation than anything else.
Opinions sought... Ted

[AlanHolt]

Given the value involved, you could take it through the small claims court which wouldn't cost much. Just receiving the letter with a court date may be enough to make them change their mind.

[Andi_Archer]

Did they provide the "inspection report" as part of the sale and do you have anything in writing to substantiate your claim of it being roadworthy at time of sale?

[Dirk]

It's a tough one.....but really you should have checked the bike out first.
Just my opinion, but an Internet forum full of strangers can't sort this out for you

[halfpint]

just take the bike back to him and deal face to face , dont tell us its not your style . ask for the money back .. give him a chance to refund or else . dont buy again without inspecting the bike . buyer beware and all that shit means nothing ..

[daytona-supersport]

Firstly, don't even begin to think this guy is a friend. Friends don't screw one another.
Secondly, Don't mess about. If you already have a clearly documented description and an independent report you can easily take him to court as the goods sold were clearly and knowingly misrepresented.
Inform him in writing by email that you want to return the bike and include plenty of pictures of the damage that you were not made aware of. If there is no response, send further email to confirm that he received the information and also send a copy by recorded post. Still no result. Go to court. Don't mess about. This guy is nothing to you and is trying to screw you. Fine. See you in court. I never understand why people think that you can only take action against a business. If you were genuinely misled into a contract of sale, it is actionable in court.
caveat emptor. Obviously applies if you agree to accept goods as described, sight unseen. From your post it would appear that your decision to purchase was based on information given to you that was obviously misleading. Let the court decide.

[92kk k100lt 193214]

Nothwithstanding warranties, caveat emptor etc he was under a legal obligation to sell you a roadworthy bike unless its sold 'for parts or repair' which it wasn't.

Bent frame is not roadworthy and its a simple case of return for refund. Bring it back to him and stand your ground.

[Ali in Austria]

Always used to be an offence to sell an unroadworthy vehicle unless sold for parts or scrap. Has the law changed?

[P4ulie]

I'm thinking reputable & honest requires a rethink & sorry to hear

Personally I'd not wait for the offer of a refund but be demanding it, through the letter box if they're not willing to discuss face to face. This seems a lot more serious than a wonky indicator or rusty spokes, 'sold as seen' shouldn't apply.

If they're not budging only you can work out if your time outlay is worth the hassle (court, stress, potential bloodshed) or accept you mis judged that one & move on.

I'd say be less trusting in future but that's a crap way to live

Best of luck Ted

[*Touring Ted*]

Small claims could be on the cards.

I don't have any documentation to prove it was inspected. Just his word and the name of the dealer. Who I am going to contact tomorrow.

I have a long messenger conversation telling me that the bike is straight and true and that it was checked by the dealer after an off.

My biggest concern is if I loose at small claims, how much will I be liable for ???

I'm not a rich man...