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Selling Privately

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fruitsalad | 14:04 Tue 05th Mar 2024 | Law
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My Son sold an e bike, which he  used 3 times at the most, the buyer, started it, to check it working, shook hands  and was very pleased, with the purchase, took it home a couple of hours later, he got in contact saying,  it doesnt hold its charge, and wants to bring it back, it has been working perfectly and holding its charge, so not sure what has happened between him leaving here and taking it home, where does my Son stand on this.

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private - sold as seen - no returns

Either the buyers charger is faulty or he might have switched batteries.

I'm pretty sure I know what has happened.

Look at the date on the battery!

Maybe swapped batteries and trying a fast one.

Even with private sellers buyers have rights and goods are only 'sold as seen' if that is what the seller has stated.

It must be as described so if it is sold as mint, as new, great condition or similar it must be.

If the buyer tried it & went away happy I don't think they have any comeback. Not like distance selling.

As the seller I wouldn't  entertain them.

I've helped a few people take private sellers to small claims court and they've all been successful.  It's got nothing to do with Distance Selling Regulations - it is in the Consumer Rights' Act 2015

Where did your son advertise the bike?

Why did he only use it 3 times?  Just wondering.

the battery kept going flat - 🤣

Something fishy going on. How could you say that it wasn't holding it's charge after just a couple of hours.

As suggested above, you need to check that the battery hasn't been swapped for a useless one.

//How could you say that it wasn't holding it's charge after just a couple of hours.//

If it went flat after one hour?

Since it was checked prior to purchase and a sale agreed, while I'm no expert, I'd figure there was unlikely to be any comeback on you. After all,you can't be aware whst happened to it after it was taken away. Accepting return/refund is the equivalent of admitting you knew there was a problem and didn't get away with it. If sold and bought in good faith then I can't see any reason to do further.

@16.09...If it went flat after one hour?

Presumably, you would then attempt to charge it (however long that takes) and then see how the battery behaved over several hours. A whole lot longer than a couple of hours?

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My Son only used it a couple of times because 

1. He's got more money than sense

2. He brought a new car so that's his new toy.

Ha...  let's hope he keeps the car a bit longer :)

How old was the bike?

How much was it sold for?

And how much would a replacement battery cost?

depends on the bike - could be £200+

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