Man I've been had!!

[Sniper]

Im under the impression that unless the bike was sold "As is, where is" you have the right to get your money back. I think that little clause means that you buy it on your own head, but if its not there, you have rights under the consumers gaurentee act.

I could be wrong, but this is what I heard in a conversation a while back. Someone care to tell me if Im wrong or right?

[ManDownUnder]

Avoid court - private is buyer beware. You weren't wary. Court costs money and you'll be pouring good money after bad.

He lied but so what? He's not a licenced MVDA is he? (If so - that's a whole other thing).

Remember - Buyers are liars and sellers are worse.

The RZ motor ain't so complex is it? And doing the top end? Let me see... top end would consist of
Barral... gasket, head, head bolts and a plug... yup that's about it!

Ring aroudn the wreckers, see if you can find the bits you need.

You got done - yes. Don't do it again, and with a few handy skills you might get a 1/2 way fun bike out of it

[ManDownUnder]

Im under the impression that unless the bike was sold "As is, where is" you have the right to get your money back. I think that little clause means that you buy it on your own head, but if its not there, you have rights under the consumers gaurentee act.

I could be wrong, but this is what I heard in a conversation a while back. Someone care to tell me if Im wrong or right?

Caveat Emptor mate. If the seller is an expert in their field or is selling the goods as part of their professional capacity then yes, you should have some comeback.

But if Bob from down the road does you like a dinner? Bob gets to laugh every time he goes past your house.

[Lou Girardin]

The various consumer protection laws only apply to those 'in trade'.
Private buyers can sell any old shit.
One disadvantage in not dealing with your friendly local bike shop.

[Sniper]

Caveat Emptor mate. If the seller is an expert in their field or is selling the goods as part of their professional capacity then yes, you should have some comeback.

But if Bob from down the road does you like a dinner? Bob gets to laugh every time he goes past your house.

Cool, thanks. I was never sure on that rule.

[ManDownUnder]

The various consumer protection laws only apply to those 'in trade'.
Private buyers can sell any old shit.
One disadvantage in not dealing with your friendly local bike shop.

Lou - that plug was big enough for Freddy Mercury's arse... you're normally a lot more subtle than that.

[HenryDorsetCase]

But if Bob from down the road does you like a dinner? Bob gets to laugh every time he goes past your house.

yeah, although you know where Bob lives and you could spray Wanker in weedkiller on his front lawn.

or any of a number or other get even measures.

[Lou Girardin]

Lou - that plug was big enough for Freddy Mercury's arse... you're normally a lot more subtle than that.

That WAS subtle. Usually I have AMPS, I say AMPS, in big letters.

[imdying]

He lied but so what? He's not a licenced MVDA is he? (If so - that's a whole other thing).

If he lied, then by law he is still liable... although the level of recompense is different. By saying 'top end fully rebuilt', then he has implied that the parts were replaced. If they weren't, he's liable. The law wouldn't in this take into account that he wasn't good at rebuilding them however... if he did a shite job, tough bickys. If there was no work done at all though, and it was advertised otherwise, then he would still be liable.

[ManDownUnder]

If he lied, then by law he is still liable... although the level of recompense is different. By saying 'top end fully rebuilt', then he has implied that the parts were replaced. If they weren't, he's liable. The law wouldn't in this take into account that he wasn't good at rebuilding them however... if he did a shite job, tough bickys. If there was no work done at all though, and it was advertised otherwise, then he would still be liable.

Good point, charge him with lying about an item he's selling - I think it's a section in the Crimes Act (just after the "Naughty boys and girls who don't eat all their dinner" subsections)

Which law are you talking about? And would it be worth the cost in time and money to chase?

[MWVT]

Disclaimer: "not an expert at all"

If i 'member rightly small claims costs $50 with a maximum claim of $2000 (someone correct me if i'm on the piss with those numbers)

That should be enough (provided you get it) to get it sorted. I imagine you would have to show that he deliberately misled you. i.e. He didn't do a "top end rebuild" (on whatever definition you go with) and explicitly stated that he did. You may need an expert (i.e. mechanic) to back you up there. Bear in mind, you have no recourse if he did it, but very badly. So if he did in fact put the new bits in, but he managed to f*** them up with a file and forgot to put oil in when he was finished, you may still be stuffed. Unless it was so bad, that no reasonable person would call it a "top end rebuild".

Anyways, good luck.
And just because you were naive (and should never have bought it after being suspicious on riding it), doesn't mean this prick should get away with being a lying piece of S***. If you can get money out of him..... do it.
If you can't, like motu said, on the chin.

[imdying]

Regardless of it being a private to private sale, the Disputes Tribunal informs me that there are provisions in the Consumer Guarantees Act 1993, and the Fair Trading Act 1996 that will apply.

[Motig]

Its amazing how many times peoples commonsense and intelligence disappear out the window when buying a vehicle. At a guess you were going to buy the bike before you even looked at it so the fact that it ran like shit didnt influence you in any way, your mind was set on getting it. A valuable lesson for all about buyer beware! Your only chance is the disputes tribunal but I wouldnt hold out much hope if I were you. You've already weakened your case by admitting it wasnt going right when you brought it. As for top end overhaul yes he might have done something and he did show you the receipts but unfortunately it doesnt matter what he did it wasnt sold with a guarantee. Believe it or not I'm not trying to put you down but you had the warning and ignored it.
That said I wish you well if you decide to take it fiurther and you'll have better luck your future purchases from this valuable lesson.

[Lou Girardin]

Regardless of it being a private to private sale, the Disputes Tribunal informs me that there are provisions in the Consumer Guarantees Act 1993, and the Fair Trading Act 1996 that will apply.

Could you quote them.
Because I've had a little to do with the FTA and I don't remember such a provision.

[Motig]

Consumers website says only chance would be Disputes. Need to be a business I think for anything else to apply. The consumer site actually says re private sale "if the motor blows up when you drive it home you'll be very lucky to see your money".