Help: Seller has my money and refused to sell a cb750 :(

[lukecb750]

Hi,

Hoping someone might offer me some advice on a tricky sale situation that has currently left me very out of pocket.

3 weeks ago I brought a cb750 via Biketrader from a private seller which I was very excited about. I paid a £250.00 cash deposit, we both signed an agreement (included signatures, total cost and total paid at the time, sold as seen etc etc). I also filled out the v5 and was given by the seller the new keepers slip. He also gave me all documentation like previous receipts, tax, old mot's etc. I also have text messages confirming all of this, my girl friend also witnessed the sale.

I agreed with the guy a courier would pick the bike up in 3 weeks time (which would have been today) and the rest of the cash would be paid on collection. Yesterday he called me telling me he would no longer sell me the bike 1 day before. I have had to let the currier down at short notice which was embarrassing. He has offered to give me my deposit back if he can come to my address and pick up the documents (which I am not keen on him visiting my house).

Not sure about my rights here? can anyone offer any help?

[Trigger]

Legally you have only put a deposit down on a item, the seller has the right to pull out of the deal at anytime, the same way that you have the right to pull out of the deal at any time (though you would of lost your deposit) My advice would be to take your deposit back and move on. If the seller wants his documents back and you wish your funds back, you could always meet in a public place like a pub or outside your local police station. 

[lukecb750]

thank you for your advice, hopefully I will get it resolved. Such a shame, I don't have a bike now which sucks! I will just have to keep looking. 

[SteveD CB500K0]

Name and Shame...

Include details like email address and actual address so that anyone who Googles it will find this thread.

As long as everything you type is accurate and true, they can't touch you. I've had to defend this site before against a dealer who threatened to sue me for something one of the members had posted. You can't sue a website and suing the poster is a waste of time as long as it is true (and provable)

Steve

[royhall]

 +1 Name and shame the clown. Obviously had a better offer.

[MCTID]

Don't waste time and effort worrying about the Seller. He has made his decision (rightly or wrongly) and as long as you get your deposit back, you haven't lost anything.

Moving forward, stick a post on the SOHC Forum saying what bike you are looking for and the approximate price you want to pay, and see whether a member has something they want to sell or whether they can keep an eye out for you.

You would be surprised just what might come out of the woodwork, and there are plenty of good bikes out there.

Lastly......good luck in your search.

[Tiny Tim]

I agree with the naming and shaming policy.
Especially if his bike was to turn up on fleabay, I'll be more than happy to throw in some bids then withdraw them just to wind him up.

[JamesH]

I would move on mate. Was that the K7 you pictured in your first post a few weeks back? If so, there are plenty of better examples out there depending on budget. Just get your cash back and look elsewhere. Maybe agree to meet in a neutral location to do the cash switch. Having said that, if you filled out the v5 then he already has your home address...

[mike the bike]

I wouldn't feel confident that the bike is 100% from such a dubious character.   I reckon you've had a lucky escape.

[lukecb750]

Thanks again for the advice, it was a k7 quite rough but a nice running project, I did post it in the new members area. We agreed on a sale of £750.00 which I thought was too cheap at the time tbh (just thought i had been lucky, obv a few chats his end at the pub may have resulted in him realising it was worth more maybe?).

What do you think, is £750.00 for this bike cheap? Could anyone point me in the right direction as to what I should expect to pay for something similar next time? I have my heart set on one of these.

p.s. Thankfully I've now go my deposit back 

[MarkCR750]

K7 last of the line and not the most popular with most collectors hence they tend to go for less money, I think they look fantastic and don't blame you for wanting that model at all, I'm not sure how much you want to budget but it always ends up cheaper getting a good one rather than restoring a rough one in the end, you should be able to get an excellent example for around 4k or a really good one in need of a little tlc for 2.5k , happy hunting! [ Guests cannot view attachments ]
PS that said there is an import (note to purists, they all are!😀) on eBay now for 1650 , another 700 would sort it including registration ,

[Trigger]

Hard question to answer. I have payed as little as £150 to £1100 over the years, but all were for restoration. The one that cost £1100 seemed to be a good deal until the courier delivered it and we stripped it. We ended up only using the frame, swing arm, hubs, forks and bottom yoke for the build which had a total cost of £7450 to get it back to its glory.

[martin_uk]

Offer- Acceptance - Consideration

These are the main requirements for a contract to be formed.

https://en.wikipedia.org/wiki/Offer_and_acceptance

http://www.drukker.co.uk/publications/reference/contracts/

However, as advised, probably best not to persue providing you get your deposit back.

[Menno]

Just to let you all know:

If you would be dealing with a Dutch or German person; the moment both parties agree the bike is sold by law. Even without a signed paper or downpayment.
I know; it might be difficult to prove that.

But if you have something signed, well the seller cannot simply reverse the sale.