NSW motorcycle sold with wrong incorrect year

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Alok

Member
18 November 2020
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0
1
Hi,

I bought a used motorcycle from a reputed dealership. The dealership advertised the motorcycle as 2011. The salesman also disclosed the details as a 2011. I bought the motorcycle next day and their paper work also states the motorcycle is 2011 model. They provided rego for 6 months. Now after 5 months when i was doing rego i found out the the motorcycle is actually 2009. They advertised it incorrectly online and provided incorrect information to me about the model year at their dealership. Year was one of the main reason i bought the motorcycle. i spoke with them today and they offered to buy back the bike for a much lesser value.

What are my rights in this case as i was provided misleading information to buy the motorcycle?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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2,894
Sydney
You could have checked at the time of purchase,
but you didn't.
You could have checked at the time of transferring the rego, but you didn't.
You didn't check for, what, five months?

Look within - ask yourself whether or not you think you have a reasonable prospect of anything.
 

Alok

Member
18 November 2020
2
0
1
Hi

When I purchased the bike it was not registered. The dealership did the 6 months Rego but I did not get the Rego papers immediately. They gave me the sales and comprehensive insurance papers with 2011 printed on it and delivered the motorcycle at my home.
This is was a spare motorcycle and I trusted the dealership so expected things to be alright. I only looked at all the sale papers and the insurance papers provided by them. I received the Rego renew notice and saw that the model mentioned in it is two year older. I admit I should have been more careful but the dealership should have been honest in disclosing the information.
I want to know what can I do from here
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,902
819
2,894
Sydney
You could bring a Consumer dispute in NCAT.
But...
What is your net loss here?
What is the outcome you want?

While on the one hand you might (very, very might) have a claim on the basis that the product was not as described,
what have you lost that could not have been avoided by due diligence on your part?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
I bought a used motorcycle from a reputed dealership. The dealership advertised the motorcycle as 2011. The salesman also disclosed the details as a 2011. I bought the motorcycle next day and their paper work also states the motorcycle is 2011 model.
Whether the dealer knowingly or unknowingly sold the bike on the basis of it being a 2011 instead of 2009, the fact remains it is two years older than what you were told... I don't accept that it was your bad luck for not checking & that's all there is to it, sorry move on.

Dealers often use redbook as a guide to set a value based in part on the year of manufacture (not year first registered)It's highly likely there would be some difference between the listed value of a 2011 v 2009, that''s without taking into account any features that YOU as a consumer accepted a 2011 model should have that may not be on a 2009 model (perhaps internal mechanicals that are not even visible to buyer).

What are my rights in this case as i was provided misleading information to buy the motorcycle?
Not misleading... incorrect information.. You have raised the complaint with the dealer, so if you are not satisfied with that you can escalate your complaint to fair trading.

Worth taking to court? ... Almost certainly not.... a nice outcome may be something like a store credit to the value of $xxxx .... I doubt we are talking about much more than a few hundred to a thousand dollars.