Ebay Purchase - Failure to Disclose

[MS75]

What is the name of your state? Illinois

Hello to all, I bought an old motorcycle from ebay and I feel that important defects of the bikes were left out of the description. I tried negoiating with the seller, I didn't want to leave negative feedback, but he stands by his description of the bike. Here is the description and can someone tell me where it states is sold "AS IS" or "No Refunds"?

Up for auction is this nice Honda CB-350 twin that was going to be my first restoration project. I loved my other Twin, a Honda CL-350 that was my daily driver. I found this one for company. I though I'd spend my bachelor days, tinkering and polishing this bike back up to minty-freshness. Then I got married this year... and now I have a kid on the way, reality has set in and I have no room and time for the project. I’m selling this bike and two other Honda Twins in related auctions.

This bike is in good overall shape with lots of goodies, inclding crash bars, a luggage rack, and a sissy pad- all of which are not common on Honda Twins, BTW. This is one fine-lookin' cycle! It has a clean title, and although I don't have the key, I do have a spare ignition and key set for a Honda Twin which I will include. Also, the bars are loose and need to be tightened, and some components need to be changed (i.e. brake lever is broke), but I will include an extra set of bars that I was going to install when I did the restore. The engine has good compression, but the right-side spark plug hole was stripped by the previous owner. You can re-tap the threads, but I will throw in a spare cylinder head I had picked up for just this purpose. Pipes are mint, but you'll need a battery.

Local pickup, or I will deliver anywhere within 20 miles for free and .50 a mile over that up to 100 miles away. Feel free to contact me if you have any questions. Full payment required within 7 days, Paypal/ personal checks/ money orders accepted.

Please check out the other auctions if you're a Honda twin enthusiast!


He did provide the parts he mentioned, but he failed to disclose that the bike had a rusted out gas tank and missing the chain. This like buying a car without a drive shaft (no go!) I was willing to negoiate something with the guy if he was willing to cooperate, but he is not and now I don't want the bike because I feel he mispresented it on his description, your opinion on this? Do you think I can take him to court? Its not much I am out of, but I think this guy needs to be thought a lesson on doing busy the honest way.What is the name of your state?

 

[divgradcurl]

Here is the description and can someone tell me where it states is sold "AS IS" or "No Refunds"?

The fact that you are buying from a private party, and this private party did not explicitly give you a warranty, is all you need to show "as is." Same thing for refunds -- you are only entitled to a refund if the seller wants to give you one.

You should have had the bike inspected prior to buying it. It's pretty clear from the description that it's a restoration project, not a turn-key hop-on-it-and-go bike, so you probably shouldn't be too suprised.

You can always take someone to court, but the chances of winning anything are virtually nil. You bought a used bike, worse than that, a bike in need of restoration, site unseen, with no warranty offered -- just because it's a bit worse off than you expected doesn't mean there was fraud. Private party sales are caveat emptor -- let the buyer beware.

 

[shortbus]

Take him to court? No way. First, he didn't break any laws. His description was accurate. If he left out a couple things, they were consistent with the overall description of the bike as a "restoration project". He wasn't under a duty to list every single little thing that the bike didn't have.

Second, the best you could do in court is the difference between the what you paid and what the bike is worth in its current condition. Hm ... a junky old CB350, vs. a junky old CB350 that needs a gas tank and chain. Maybe $50?

It's unfair to punish this guy with negative feedback -- you had a responsibility in the transaction to do some due diligence. If you chose not to, that's a risk you took.

 

[chrisdizz22]

If you really think that you have been wronged, Ebay has 20,000 dollars worth of fraud insurance when you buy a bike or car.. i just bought a bike, I wouldnt have bought it if there wasnt fraud protection, you might want to check and see if you are covered.....