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Sold bike = headache. RWC Dramas

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by diro, Apr 17, 2007.

  1. Hi guys.

    I sold my Honda CBR 250R at the end of last year. I got a RWC for it and sold it within the 30 day period (I think it was about 2 and a half weeks after I got the RWC).

    I recently recieved a court hearing, saying the guy I sold the bike is suing the guy who did the RWC for 1500$ because the bike wasn't RW. My name is also on the hearing (it's "Guy who bought bike vs RWC Mech, Me") What I want to know is am I in any way responsible and can they take any money off me? I'm asking this due to the fact that I can't actually make it to the court date because I am going to be away for the next 2 months. Any advice/suggestions appreciated.
  2. What was wrong with it?
  3. I'd say you are in the clear. I'd also say get some advice! I'd also say if you are subpoenaed (spelling) you had better bl@@dy well turn up regardless of what plans you have made.

    Keep us posted. This could get interesting. :)
  4. Could always ask the ACCC or RAA/NRMA

    My guess from similar cases is that the answer will (and always is), buyer beware. You did not perform the RW inspection yourself, and therefore could not provide a RWC directly...leaving you out of the equation.

    The other guy probably justs wants a statement from you saying that you inquired, and payed a person with the appropriate credentials to complete the RW in the 1st place...maybe you should contact them and avoid any confusion. It is unlikely you can get into any trouble at all unless you forged the certificate.
  5. Apparently the guy reckons the tyres shouldnt have gotten a RWC, throttle is sticky and some problem with the pegs or something. I'm not too sure though.

    It says that I can send someone in my place, so I'm sending a friend of mine saying that they can be my agent so I doubt that will be an issue. I just thought that because I did all I had to legally do before selling the bike that it was out of my hands.
  6. Very hard for the guy who bought the bike to prove anything, i'd say he's about to do his dough on court costs.

    if youve been subpeonaed youd better cancell your plans or write to the court now asking for an adjournment and have suporting evidence as to why you cant atend.

    If it's a matter of lost money due to cancelled travel plans you'd better have that info handy as well (include it in your submision for adjournment)and notify the parties that you will be seaking to recover the costs from them.
  7. I don't think my attendance is compulsary, as I said they state that you can send a friend or relative in your place as long as you give them a signed letter to give to the judge on the day.

    The guy who bought the bike apparently took the bike to his own mechanic soon after buying it, and his own mechanic picked up the problems.
  8. I think he either has more money than sense or is dreaming. Surley any solicitor would advise him to give up and put it down to experience.

    Dont loose any sleep over it mate.
  9. Well I sold the bike for a little over 3k and when all other bikes in similar condition were going for ~4-5k. And now he's asking for 1.5k more :\

    Thanks for all the replies guys. Just trying to get it sorted before I leave in 2 days.
  10. I don't know about that - a RWC is what it is...a trained professional in that area should get it right.

    If you buy something and it comes with a certificate of compliance (be it a vehicle or household item) you expect it to be correct...otherwise they wouldn't have introduced the system.

    If no RWC was obtained, then yeah - buyer beware, and there is no means for the purchaser to complain or avenue to pursue. BUT, bring in a certified statement from a professional, licensed 3rd party saying all is good when it is not is unfair. It's no different to obtaining a certificate from the vehicle securities register to find out if a vehicle is under finance or a vehicle status inquiry certificate to find out if a vehicle is recorded as stolen, defected, wrecked or written-off. After all, if it failed the RWC, the guy may not have bought it in the 1st place.

    Still doesn't involve the seller tho.
  11. You could always lure him to the deep end (30m) of Greenvale Reservoir if he's local. :p
  12. +1, or he just enjoys pushing shit up hill with a pointy stick.
  13. He can't be claiming it off you.

    He bought the bike as is, where is - he was free to ride it and inspect what condition it was in.

    Your professional evaluation was done. He could have gotten his own, but he chose to save some money and trust the guy you got to do it.
    If that guy was negligent, then he can sue the negligent party - not you [the seller].

    Good luck to the dope though...

    "Yeah umm your honour, like so I bought dis bike, ay. And he had a certificate saying it was all cool - but the tyres are too worn on it, it shouldn't have passed."

    And how long were you riding the bike for on the tyres before you decided they were worn and it was the seller's fault?

    "Ummm... about 5 months ago."

    A lot can happen in 5 months - including tyre wear, etc.
    He bought the bike privately = no warranty.

    What the hell does he expect?
  14. How do we know the buyer didnt take the bike home and flog the guts out of it for a week? He's heading for a hiding IMHO
  15. Errr, you have been summoned to court so the buyers solicitor can discount the fact that you colluded with the registered mechanic that provided the RWC to issue a fake certificate. The mechanic may also attempt to blame you and lie about insisting that you asked/bribed him/her to provide a "dodgy" certificate.

    A subpoena is not the end of the world. All you need to do is apply to the court for an adjournment stating your reasons and the case will be granted one.

    The mechanic who provided the "dodgy" RWC has everything to worry about
  16. You're right there - tyres wont mean squat...but if the guy got defected for something physical/mechanical then that can be proven I'm sure.
  17. The guy who bought it got his own mechanic to check it within about 2 weeks of buying it. I think he argued with the mechanic who did the road worthy for a little bit before applying to VCAT and the courts. The court letter just arrived recently though.

    I'm writing up a statement saying I paid for the RWC, and was told the only issue with the bike was dirty brake fluid, which was replaced by the mechanic who did the RWC at a cost to me. The bike was sold within the time limits set, and I caused no damage whatsoever to the bike between the time of RWC and sale.
  18. There is enough time there to ruin hardware.

    Sounds good.
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  20. I love these questions because we all get to be bush lawyers.

    It sounds like you don't have much to worry about. But what sort of d**head would get a lawyer, take it to court and abuse other people's time over a $3,000 bike. Send the letter asking for it to be rescheduled, then send another one when the date is re-set, then send another one, etc. Drag it out for ages and it will end up costing the guy $5,000 in lawyers fees. Why? because you can.