Why should I give warranty in private sale when buyer did not want to pay for it?

**Conquiztador** · 27th January 2008, 13:33

So here is the scenario: I sold a small bike to a chap. I had a set price and told him that, as I am decent and I try to get all bikes to a standard so that I would buy them my self for the price, the price included a "back to me" warranty for any major issues he would have in a 1 - 2 months time.

He did not want to pay my price, but came up with the idea that if I sold it cheeper he would sort any issues out him self. Reluctlantly I agreed. And after he had been to my place and had a test ride he happily picked her up and paid.

Yep, you guessed it... 2 weeks later I am contacted and he has a problem. He recognises the fact that he did not pay the extra money, but asks if I would still be prepared to sort it out, as he is not up to it. After clearly explaining that this would have been covered if he had paid the extra money I agree to have a look.

The bike turns up and I have a look. First I notice is that the tank is empty...reason it does not start! But there is also another problem. I fix it and she now runs sweet. The bits I used I would have sold s/h for about $50. I spent 4 hours sorting her out.

I contact him and say: "All sorted. Cost you $80". He is not happy, recon I should have fixed for free!!

I give him the comparison about a theft insurance, where you are offered one but decide not to take it. Then when you have the item stolen you can hardly go back to the insurance company and say: "Hey, I had it stolen, I now want a replacement as you offered the insurance, but I refused..."

He has not been back to pick her up yet, but I am wondering what the outcome will be?

As it was a private sale there is no Consumers Guarantee Act etc. that covers it. Just me being a decent sort of guy.

Comments?

**Nagash** · 27th January 2008, 13:40

You're way too nice.

If he specifically turned down this warrenty thing I wouldn't of even considered helping him in the slightest.

To me, this guy sounds like a tight, unknowledgeable twit who's a bit short on cash so is trying to skimp every penny he can.

Can't think of how you could legally sort the issue.. but I wouldn't drop that $80 charge.

**ital916** · 27th January 2008, 13:40

Thats a toughy mate, sounds like your definitely a decent guy for doing that but it's always best to get something in writing aye. Im pretty sure you cannot withhold the bike from him as it was only a verbal agreement between the both of you and no evidence of him agreeing to pay you. If he had any morals he would pay you back for the work you did. If not just remove the parts from the bike that you put on and tell him to push it home.

**AllanB** · 27th January 2008, 13:48

He sounds like a right knob - you on the other hand sound like a decent chap.

Appears fairly clear cut to me - purchased with no warranty and he requested that you fix it. It would be unreasonable to expect you to fix it for free and you certainly have not charged market rates for 4 hours work!

As above if he is not prepared to pay, drain the tank, remove the parts and tell him he can purchase them off you for $120 and fit them himself

**Conquiztador** · 27th January 2008, 13:48

I am not too worried. More a principle issue. And yes, the outcomes are only two as far as I see it:
- Pay the $80 and phuck off. Or:
- Pay me nothing, I take the bits off and he can phuck off.

If he pays the $80 I could consider to help him in the future. After agreeing on a repair cost. The warranty offer has expired far as I am concerned.

EDIT: I like the "sell him the bits" idea.

**boomer** · 27th January 2008, 13:55

fit for purpose..??

**Coyote** · 27th January 2008, 13:59

Did he expect you to fill it with petrol?

**Conquiztador** · 27th January 2008, 14:01

Originally Posted by Coyote

Did he expect you to fill it with petrol?

Hmmm... forgot re that. But only put in a litre. So should probably charge $81.85...

**Coyote** · 27th January 2008, 14:04

Originally Posted by Conquiztador

Hmmm... forgot re that. But only put in a litre. So should probably charge $81.85...

Should also charge fuel used to go get that fuel, and labour in doing so.

He's obviously a muppet if he needs filling the tank to be 'fixed'. Just do the minimum to get him away from you.

**Nasty** · 27th January 2008, 14:30

Always pays to sell and get signed a As is where is type thing .. eliminates any shit .. I think the guy is being a pratt!

**Grub** · 27th January 2008, 14:48

Originally Posted by Conquiztador

He has not been back to pick her up yet, but I am wondering what the outcome will be?

Ahhh ... then you are in the primo position. I believe that you can retain the bike until full payment is received for parts and labour. You can also go onto the Ministry of Justice's web site and register a Lien on it.

The KBers here who run mechnicing businesses will be able to tell you more about how it works. I do know that you don't have to be a "company" to retain goods in this manner.

**barty5** · 27th January 2008, 14:50

what a cock had simalar prob with customer while we were fixin their car had my load car and came back whenit got low on gas and thought i was going to pay for the gas they were usin while their car was being fix took a while to explain that if their car wasnt being fixed who the fuck was going to be paying for the gas they stuck in theai own car sadly poor little rich kid rply was mum and dad usally pay for you can guess my answer.
tell the guy here are your keys you can have them back when you pay the account once you give him the keys you have no come back at all this i have learnt the hard way as well

**White trash** · 27th January 2008, 15:40

Originally Posted by barty5

what a cock had simalar prob with customer while we were fixin their car had my load car and came back whenit got low on gas and thought i was going to pay for the gas they were usin while their car was being fix took a while to explain that if their car wasnt being fixed who the fuck was going to be paying for the gas they stuck in theai own car sadly poor little rich kid rply was mum and dad usally pay for you can guess my answer.
tell the guy here are your keys you can have them back when you pay the account once you give him the keys you have no come back at all this i have learnt the hard way as well

Dude! You ever heard of the "shift" key and a little known theory called "puncuation"?

I think I aggree with what you're trying to say though. Maybe.