Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Beware of learner test pilots

Discussion in 'General Motorcycling Discussion' started by discocbr, Apr 21, 2008.

  1. Just a little message to all learner riders out there.when your buying a new bike take it easy.today a guy came to buy my cbr and wanted to take it for a test ride i told him ok give me the purchase price in cash which he did ($6000).he then proceeded to take it up the road and crash the thing around a corner.lucky i took the purchase price of him b4 the test ride.so the morale of the story is to take it easy and dont be over confident unless you wanna buy a $6000 peice of scrap metal.

  2. Glad you were wise to take a huge deposit first .

    Definetly a smart move.
  3. eesh...

    On a related note:
    Is a document signed by both parties agreeing upon purchase of the bike in case of incident on a test ride a legally binding piece of paperwork?

    Good job you took the right precautions!
  4. Very smart taking the $$$ of him before he test rode it.
  5. dunno about the document but possesion is 9/10's of the law and i was holding the cash!
  6. wise words grasshopper
  7. you took the money before test ride.. what happened when he came trumping back helmet in hand? he buy the bike, you take a chunk of his cash or did you guys agree to you keeping the cash until all the repairs are made??
  8. i kept the cash and we signed the rego over to him.
  9. You should have pillioned him! Although that would have avoided the quick sale.

    With test rides i'll only offer for them to get on the back, then they choose the pace they want to see the bike ridden at.
  10. It may sound a bit rough but a least it was a guarunted sale.he couldnt really negotiate after.
  11. Good thing that you did it that way .... obviosuly.

    I'm surprised that he was willing to hand over all that cash without even test riding it first. Was the deal that you'd return it to him if he didn't want it (and came back in one piece, of course).

    Are riders not covered under your insurance policy?
  12. Similar thing happened to my mate, but he was not so lucky.
    Guy takes his repsol cbr250rr for a run. comes back almost 15mins later and parks the bike on the opposite side to the one he dropped it on. my mate, (silly bugger) doesnt look over the bike. the guy leaves and says the usual BS "i'll think about it".my mate wheels the bike into the garage and sees the damage!

    dude doesnt answer his phone for the whole week :evil:

    if it was someone on this site.... sorry, but your a prick. :evil:
  13. I Am Not A Lawyer but... the piece of paper is binding only if some cash changes hands (the legal term is 'consideration'). So even if you take a small deposit, as long as there is a document with signatures and cash changes hands, you have a contract. A contract can includes clauses like 'subject to mechanic's inspection' or 'subject to test ride'... but this incident has me thikning about how to better word the latter...
  14. in short those documents are worthless, i could go into it but nobody would care. the OP did the right thing though i'm very surprised that they handed over the cash, i'd be reluctant even if i was buying

    i had the cash ready when i bought my bike, but i still took it for a test ride before i handed over any cash - game of chance i recon

    on a side note, u paid 4900 for the bike (which is an omgwtfsocheap price) and sold it for 6000 - sweet profit there mate!

    if i could even break even after a year i'd be over the moon
  15. Are you a lawyer? If not, perhaps we'll wait to hear from Gromit.

    I guess the other issue is that Comprehensive insurance should cover you for (appropriately licensed) test riders (but check the small print), but some policies like the Named Rider one I have don't. When I sell my current bike I'll be asking for very large deposits or even evidence of a cover note.
  16. So what was the end result...did he catch up with the prick. :twisted:
  17. I had full comp on my bike and there was no way i would have claimed on my insurance.it is a little bit of a grey area though.how do other people deal with selling there bikes?do they take the full amount or only a deposit?there are so many learners out there that want a fast bike but dont know how to handle one.its a big step from riding a 125 in second gear in a circle to riding a performance bike on the road with other motorists that treat motorcyclists with little respect!
  18. Bravus you are correct about the 'consideration', but it's not necessary that cash be handed over there and then. Even if it is a promise to pay at a later date, it's still consideration.
  19. Never did catch up with him. all we know is he was from caroline springs (or some place like that in the west) and he arrived in a mazda3.
    My mate sold the bike 2weeks later to a new guy at a cheaper price because of the damage.. :roll:
  20. I'm a 4th year law student and I can vouch what you say is correct. The latter would be referred to as a contingent contract.

    Formation of a contract 101:

    If there is an object of value handed over as consideration for a promise; oral or written, or in some cases by the conduct of the parties, then there is a legally binding contract.

    If there is a signed document outlining the agreed terms then a magistrate would not even have to think twice about whether it is a legally enforceable document or not -- in the absence of fraud, misleading conduct, misrepresentation and unconscionable dealings...

    (I'll keep this short)
    In this case a court would probably infer a contract:
    -the money was deposited as a security refundable on return of the bike
    -it was on the minds of both the buyer and the seller that this was to be legally enforceable -- why else would the purchaser hand over 7k in cash?