Motorcycle legal advice: What do I do if I purchased a dodgy second-hand?

Q: I bought a ‘nearly new’ Suzuki GW250, which the dealer told me had just been serviced. The next day, I was sitting at traffic lights when the engine just stopped. It turns out the sump nut had fallen out, I’d lost all the oil and it had seized. The next day I tried to get my money back, but the dealer told me to poke-off as it was a second-hand bike and to go bang on the previous owner’s door. What should I do?

A: Don’t bang on anyone’s door; your contract was with the dealer. You bought the bike after October 1, 2015, so the Consumer Rights Act 2015 applies. The law allows you 30 days from purchase to reject the Suzuki and seek a full refund (if it was over 30 days, different rules apply).

The motorbike should have been of satisfactory quality and fit for the purpose it was intended for. If the dealer won’t play ball then you may have to start court proceedings; he will have to prove the fault wasn’t there when you bought the GW250; it’s not up to you to prove that it was.

However, before you return the bike, I’d make sure you have evidence (photographs/video of the missing sump nut and oil and a video showing the engine won’t turn over) in case you need it. For the sake of a few pounds, I’d also get another bike shop to inspect it, diagnose the issue, provide a report and estimate to fix it; then you’ll have even stronger evidence if needed.

White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column very month, offering our readers essential motorcycle legal advice. www.whitedalton.co.uk