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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Dear Answer. I sold a motorcycle privately, with absolute

Customer Question

Dear Answer.
I sold a motorcycle privately, with absolute full disclosure.
e.g. no air filter, tyres low on tread, emissions gear removed, chain loose, needs spark plug checked, battery in poor condition etc. Lots of pics, emails, phone calls & texts between us about the bike.
The out of town buyer was also told (still have email) that if he arrived & after inspecting & test riding the bike & he wasn't happy, he didn't have to follow through with the purchase & I would refund his deposit.
He had 3 weeks from our agreement to also arrange for an independent inspection. Which he didn't do.
He arrived, inspected the bike, went for a test ride, was very happy with everything, adjusted the gear change lever, packed up & left.
The bike has broken down (after 100km at a cost of about $100-200). Which I offered $100 & he refused. Stating he will wait to see the outcome from the mechanics.
After fixing the previous issues, & being told the cam tensioner needs replacing by the mechanic, he chose to ride a further 3-400km. It has developed further (more serious) issues as a result of this.
I have tried to help out as much as I can, & have communicated constantly, but now his advice is that the Consumer Guarantees Act applies & he should take me to court or Disputes Tribunal or whatever.
This is causing me a massive amount of stress & no doubt him also. I am absolutely gutted that his planned adventure has turned to custard & costs are ballooning, making it worse.
I had only had the bike a few weeks & quickly decided it wasn't for me. Its a 30yo air cooled, single cylinder with a kick start XL600R.
The person I bought it off also gave me full & open disclosure which I passed onto my buyer. My buyer also contacted him & was happy with what he was told.
I decided to on sell it (at a loss, not a profit).
I had only ridden her a few times, but every time I did, there were no indications of any of the problems that have since developed.
I think having an independent party resolve this is our best option. What should he do? Any advice on the possible outcome? I feel I'm in the right, but I also feel a moral obligation to the guy I sold the bike to (albeit it a bit reluctantly as I won't be seeking recompense from the guy I bought it from).
I sold the bike with a WOF, but it wasn't new.
Has current Registration.
Thank you for your time.
Regards David
He is receiving advice from various parties
The owner want
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

If this is a private sale the Consumer Guarantees Act does not apply. So if you made full disclosure of the defects, then if he used the bike in that knowledge, and further, used it knowing a new issue was present, which needed attention, then he has little chance of claiming against you. So you have made a modest offer to settle which in my view more than satisfies your legal obligations. Getting someone to mediate the dispute is a good idea, but I consider you are in a strong position.

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