A week ago I sold a little 2022 Mutt 125cc motorbike with 237 miles on the clock. I took it in as a part exchange (the son did not like it so the dad chopped it in for himself and bought a Ducati). So. all in all, it was virtually a brand-new bike.

The buyer of the Mutt 125cc probably weighs 14 stone or so and when he rode off on the bike it did concern me due to how big he was and how small the bike was. He told me he was going to use it to commute to college.

Yesterday I received an email from the buyer. Apparently, some of the spokes have broken and therefore he is claiming it is ‘not fit for purpose or satisfactory quality’ and wants his money back.

Before I go and give a full refund, I am 100% convinced this has happened due to his weight or because he has gone up a curb or down a pothole (the roads are in a right state).

So my question is, do I have a leg to stand on or is it just a bitter pill I have to swallow under current consumer rights? I feel he has blatantly abused the bike and doesn’t want it repaired just to get rid and exercise his rights.

Answer

If you have sold the bike as a ‘dealer’ then the buyer does have legal protection.

Broadly speaking, under the Consumer Rights Act, the buyer has a legal right to reject goods that are of ‘unsatisfactory quality’; or ‘unfit for purpose’; or ‘not as described’, and get a full refund as long as they do this within 30 days from the date they took ownership of the goods (the bike in this case).

As you sold the bike a week ago then he is within that time so you may well be stuck with it. However, before giving any refund I would want to see the bike to double-check, i.e. if the rim is bent from bashing up a curb or down a pothole, then you may be able to refuse to give a refund.

However, if it is just faulty then you may not be able to refuse. As an aside, if it is faulty rather than having been abused, you could offer to fix the broken spokes to see if that will solve the issue.

Lastly, I suspect being 14 stone is well within the weight limit allowed and I doubt this caused the spokes to break, so probably best not to speculate.

Andrew Prendergast

More Bikes May 2023