NSW Private Motorcycle Sale - Taking Seller to Small Claims Court?

[Mark1992]

Hi guys,

Stupidly on my part, I bought a bike privately off a bloke over the weekend and I am on my ls. While this bike is under 650cc and there are versions of it that are learner legal. The one I purchased was not. The bloke selling it told me it was but of course, it is my word verses his and at the end of the day, I didn't do the proper research on it. I have asked if he will take the bike back minus a few hundred for my stupidity. He has refused.

My question is if I were to take him to small claims court with no evidence, even though it's blatant, I'm new to riding and was looking for a learner legal bike and he knew it was not (even told me it was), how likely am I to come out on top in that scenario? I do have the funds and time to pursue it and I just think it was an overall dick move on his part and I'm a very stubborn man. So if the chances are good I will go for it just to inconvenience the douche.

Thanks in advance.

 

[Scruff]

That's a total 50/50 in regard to what was said. It will come down to which of you is more convincing.

The biggest problem you have is one that you already pointed out - "I didn't do the proper research on it." That's solely your responsibility, particularly because you are aware of the engine size restrictions. I don't see you getting around that one.

Best option may be to resell it.