Inspection expectations: What would you do?

[Sharn]

So, long story here guys, wanting some other opinions before I decide what to do next...

I purchased a bike privately after having it put thru a pre-purchase inspection at an mta approved shop. I'm no mechanic, and I have little knowledge of 'what to look for', hence seeking an expert opinion to base my purchase on. The amount I paid for the bike was based on the minor inconsistencies identified (fairings damaged from falling over, clutch dragging etc). Two weeks and 200km later I got the bike serviced and found several things that I didn't know about including a decent rocker cover leak, a dented radiator, indications of a decent crash, possible indications of being a race bike (spacer added to shock), painted, sanded and repainted frame, damage to swingarm from the exhaust bouncing around etc. It appears to me as though a torch hasn't even been shone in the fairings, and multiple items on the associations checksheet have not been considered (they did not base their sheet on the mta checklist despite being mta members). Fault has pretty much been admitted, as I have been informed that pre-purchase inspection standards have now been changed as a result of my issue. The shop maintains that I paid too much for the bike, and that is 100% true, because I paid a price for a desirable model that was portrayed to me in a particular condition.

Now, it is completely fair to say that these things could be expected for the age of the bike. However, and this is what my problem is- I think that the purpose of a pre-purchase inspection is to identify any inconsistencies so that these can be factored into the arrangement of the purchase. I purchased this bike not knowing any of these issues, and as a result was completely surprised, and massively dissapointed to find my bike was actually... a dog

So, what do you guys think? Is it reasonable to expect that things such as crash damage and oil leaks are identified in a pre-purchase? I am probably going to be at a financial loss because of my trust in these 'experts', so does financial compensation for the loss seem reasonable?

Lemme have it

[mossy1200]

Thats a shame. Im assuming its a 20 year plus old bike so its likely to have had a few crashes.
It would be advised to align yourself with a long time bike owner who does his own restores and repairs or take any bike you buy to a bike mechanic rather than a Car testing station etc.

I guess you can enquire as to how much of the repair bill they are prepared to pay due to you paying them to undertake a pre purchase check in which they failed to provide you with basic information that would effect your purchase or price to offer on the bike.
I guess small claims if they wont help you out. Best to get a repair estimate and faults list in writing from the bike shop if your going to do this. A fixed quote would be even better.

[tigertim20]

I dont see you getting any money. what you have paid for is an opinion, yes, I think they should have seen more of these faults, but I doubt you have any recourse.

[Sharn]

Hey Mossy, it's not quite 20 years old, it's 17 . Also, it was a bike shop I took it to, apparently the best in NZ according to some *cough*. They are not prepared to pay/offer anything towards the repair bill, except for a gasket which I have to pay to fit. Faults to fix... well it's not really worth it because of the overall condition of the bike... A new swingarm, possibly subframe (it may be warped) etc. In all honesty, I wouldnt have bought this bike at all if I had known what I do now... The consumer guarentees act mentions services are required to be fit for their purpose and it covers issues such as consequential loss.

Tigertim- whats the point of a prepurchase then if its 'just an opinion'? It's supposed to be a service offered by experts to inform buyers, and to be honest, the faults they identified were pretty basic...

I am in the process of getting another shop to inspect the bike to identify faults, as well as identifing the value of the bike if it was in the portrayed condition and the value of the bike as it sits. We will see what happens from there...

[jellywrestler]

possible indications of being a race bike (spacer added to shock),

was the sump bung drilled? that's what they do to race bikes before shock spacers...

[jellywrestler]

being mta members

simple, the third word in MTA is Association, got that, now go and see the association about this and let us know how you get on

[Sharn]

Jelly- I'll have to have a look at that. I wasn't aware that that can be an indication, but will check it out tomorrow. The MTA have offered their mediation service, and this has resulted in nothing except the offer of a gasket. They have advised me they are unable to offer any further service as they are advisory only. I expect that an MTA member would use/base their inspection on the MTA's *free* inspection form...

[Zamiam]

Think its quite simple. They undertook a service for you and you paid for it = a contract. If you've got receipts and a written report from them then I'd be heading to the disputes tribunal - costs you 100 to lodge and you can claim upto 15,000. Obviously amount claimed needs to be reasonable/justifiable. See if you can find some ads etc. from them that highlight their expertise and even that they offer prepurchase services.

[Sharn]

Thanks, I have all the written work needed except the new info from another shop which I will be getting onto. The situation sucks... This bike is my favourite model, perfect size/power for me, and now I have to keep the lump of junk until summer as it is needed as evidence! I can't drag it, take it to the track, or any other racey things, so I pretty much have to buy another bike now, and wait until the other sells to recoup some costs. Perfect timing while working 50 hours, and undertaking full time study towards a Bachelor in Teaching... Got a whole lot of time for this *tui*

[ellipsis]

...sometimes life just doesn't run the preordained and paid for course it's supposed to...that's life...it sounds like you should go and do the 'front them' and 'demand' thing...but if thats not you, then it's just another bunch of arseholes getting away with it...i had a grands worth of pre-loved laptop checked out before i bought it...the company wasn't just reputable, it was huge...major meltdown within hours of purchase and they were not interested in the least when i had a go at them...grand gone, lesson learnt...it's a slippery rock and a hard place out there...that dont help much though, does it...

[Scuba_Steve]

Think its quite simple. They undertook a service for you and you paid for it = a contract. If you've got receipts and a written report from them then I'd be heading to the disputes tribunal - costs you 100 to lodge and you can claim upto 15,000. Obviously amount claimed needs to be reasonable/justifiable. See if you can find some ads etc. from them that highlight their expertise and even that they offer prepurchase services.

^ might be worth checking in with the free legal advice in your area beforehand too (find out about it at citizens advice bureau).
Another option is always the corporate media, about the only thing they're good for is getting companies to own/pay up

But this whole thing is sad I thought the pre-purchase inspections had some credibility especially given they're a full inspection, seems they can be just as useless as the WoF system, not worth the material they're printed on.

[Sharn]

Steve- have already talked to a lawyer and they believe I have a case. They are expected to be credible as they are providing service, and thats why it comes back to the consumer guarentees act.

Ellipsis- have fronted and demanded already, assholes shouldnt get away with sh*t. If that was a 15k Ducati I had bought, I'd be spewing....

[Woodman]

Did the previous owner tell you of the faults with the bike? if not you may be able to go them.

The way I understand it, all you are entitled to from the bike shop who did the inspection is a refund.

happy to be corrected though.

[mossy1200]

By accepting and undertaking the pre purchase check for payment they have become liable for the quality of the service provided.
Any item that is external and can be visually inspected should be inspected and reported if not up to above a good standard.
I think you should ask the shop to re-consider their position as you intend to take the mater to the disputes tribunal if the mater is not resolved.

[mossy1200]

Did the previous owner tell you of the faults with the bike? if not you may be able to go them.

The way I understand it, all you are entitled to from the bike shop who did the inspection is a refund.

happy to be corrected though.

Idd say it extends further than refund.
If a builder gives you a pre purchase inspection on a home and it is found that they have missed what would be expected to be found they become liable for the cost of repairs.

Why would this be any different?