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QLD Bought used bike, need advice

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by screwball, Sep 26, 2013.

  1. Hey guys,

    I have a friend who recently purchased a CB400 (1993) for $4000 from a dealer here in QLD.

    The bike has been nothing but trouble. Essentially it ran sufficiently enough to get him home, but from then it has been a nightmare.

    When he purchased the bike, they withheld it for a few days to service the brakes for roadworthy etc as it was an older bike that had been sitting for a while. We took that as a good sign that they were being responsible and bringing the bike up to saleable condition.

    He picks the bike up and on the way home to his house, it stalls. It fails to start again.

    He takes it back and they keep it 2 weeks. He gets it back after they report they've rectified the issue, and not 24 hours later it stalls and refuses to start again.

    So he takes it back and demands his money back as the bike is not as promised. If he can't use it, and they've had it two straight weeks and can't fix it, he'd just prefer his money back, no harm no foul as the bike has about 20km extra on it.
    They refuse, instead offering him a loan bike while they keep his bike 'as long as it takes to rectify the situation and get it working perfectly'.

    A month later they hand it back to him and within 24 hours, it's stalled again and won't start.

    This is where things get interesting. My friend is a qualified mechanic. He's a car mechanic, so not 'comfortable' around bikes as such but he knows his way around a set of tools.
    He and his colleagues pull the bike apart and the general consensus is that when the shop had the bike, they did LITERALLY nothing to it and just kept handing it back to him untouched.

    Before the question arises, he's a mechanic but he firmly beleives he shouldn't have to take a newly purchased bike and work on it for hours on end just to be able to ride it to work, he wanted the shop to fix their errors.

    Apparently, amongst a laundry list of issues, he's found perished fuel system components, perished air filter, dirt where it shouldn't be (indicating they didn't even take the tank off as when they removed it, caked old dirt fell out).
    Given that his workshop issues roadworthies, he's confident that the condition of the bike on sale breaches the roadworthy (as in it was unroadworthy upon sale). This among the other issues he's experienced he believes should put him in reasonable standing to request a full refund.

    Does anyone have any experience or advice as to how to proceed?
  2. Usually second hand bikes are sold "as is", and if so it would be on the paperwork, but that dealer has been less than honest. I can't give legal advice but I think your friend is justified in being pissed off about it.

  3. That is correct.

    HOWEVER (and it is a big however), any item sold to a consumer must be of acceptable quality as stipulated in S54(2) of the Competition and Consumer Act 2010 (the old Trade Practices Act). This was changed from "merchantable quality" in 2010, which now gives the consumer a little more leg room.

    Goods must be of ‘acceptable quality’. Acceptable quality is defined in section 54(2) of the
    ACL such that goods are of acceptable quality if they are:

    • fit for all the purposes for which goods of that kind are commonly supplied;
    • acceptable in appearance and finish;
    • free from defects;
    • safe; and

    • durable

    As your friend has returned the bike on a number of occasions, it has clearly been unacceptable quality.

    Your friend should call the dealer and state that if full repayment is not made, a claim will be made against the dealership under S54(2) of the CCA 2010 as the goods are not acceptable quality.

    Advise your friend NOT to agree to a negotiated amount. He is entitled to the full amount back.
    • Informative Informative x 2
  4. Dark Angel is right, but because the bike shouldn't have passed a roadworthy you may have some come back., I would seek legal advice
  5. Contact consumer affairs for advice perhaps? Usually if you put a complaint in, they can help you out.
  6. possibly seek independent RWC. explain the situation and point out the faults to the inspector, be sure it is not the same one
  7. No doubt its a frustrating situation having forked out the money and the bike won't go.

    Did he take the bike for a test ride prior to handing over the cash? If so, you'd think the stalling issue would have occured givent he history you've given us.

    Pretty sure the problem he's encountered isn't covered under a RWC.
  8.  Top

  9. However they are protected under the CCA.
  10. Judging by the above, the goods are neither fit for all purposes it was purchased for, nor is it free from defects so I reckon, he should be entitled to a full refund on those points.
    • Agree Agree x 1

  11. Agreed on should get a full refund, but in QLD vehicles are a different kettle of fish, and do not fit the std consumer protection laws. Signing contract for a new vehicle entitles you to ZERO cooling off period (once bitten twice shy).
  12. Well he's currently leaning toward threatening the shop with a report to the transport authority regarding the roadworthy that was issued with blatant disregard for the rules.

    I personally think that he has a leg to stand on.
  13. Would that be a shop which I could be visiting in Slacks Creek? Not for the possibility of retribution

  14. I'm sorry, but the CCA is a Federal Act.

    The buyer (and any person in QLD) is afforded all rights and responsibilities under the Act as like any person in any other state.

    Under the CCA 2010 the OP is entitled to a full refund as the good is not of acceptable quality - end of story.
  15. Are you sure the CCA applies to second hand items?

  16. Whether brand new or second hand is not relevant.

    Under the CCA 2010 (when the TPA 1974 was altered and superseded), it now also applies to individuals.

    Brand new or second hand doesn't matter. Every good or service has a designed purpose, an expected level of quality and functionality: purported, implied or actually claimed.
  17. if all else fail go the social media and physical protest. stand outside the shop with the bike and a big sign $4000 for a bike that wont start 'dont shop here. but be sure to check all other options first. also are the a new manufacturer dealership as well Honda/yamaha/ who ever australia would not be please thier dealer conduct business that way
  18. Last time I had a roadworthy done, it had nothing to do with the engine's operation so I doubt he has any recourse on that front. If the indicators didn't work, well that's another story.

    Just curious, but did he test ride the 20 year old bike prior to purchase? If so, did he identify the stalling issue and discuss it's rectification prior to purchase?
  19. Hey,

    Yes, I test rode the bike prior to purchase. The engine did in fact stall. However, when that happened, the bike was on reserve fuel and was bone dry. I pushed the bike to a servo, put $10 in and it started fine, rode fine back to the store.

    The persistent issue didn't surface until post-purchase.
  20. Also, the roadworthy part relates to findings when he and his colleagues inspected the bike. Apologies but I don't know the specifics of that.