When you buy second-hand from a dealer, the law implies terms into the contract just as if you had bought a new motorcycle. The bike must:
- match its description
- be fit for its purpose
- be of satisfactory quality
The standard of satisfactory quality to be expected in a second-hand motorcycle is not as high as with a new motorcycle. It should be in reasonable condition and work properly. The fact a second-hand motorcycle requires extensive repairs before you can ride it every day does not necessarily mean that it is not of satisfactory quality.
If the defect which you are complaining about was drawn to your attention by the seller at the time of sale, or if you inspected the motorcycle before you bought it and should have noticed the defects, then you are unable to claim.
Remember: the dealer is under no obligation to point out any defects.
You and the dealer may have agreed certain terms and conditions of the sale when negotiating the deal, for example that certain repairs were done before you took delivery of the motorcycle. If these repairs were not done, you may be able to claim against the seller for a breach of contract.
