QLD Purchased Stolen Yamaha Motorcycle from Gumtree - Australian Consumer Law Rights?

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23 May 2016
I bought a motorcycle off Gumtree for $900. It was a Yamaha wr450. It needed a fair bit of work. I did a ppsr check on it and it came back stating there was no security interest against it. I then spent $1300 fixing it to register it.

When I went to the Department of Transport to register it, I was told it hadn't been registered in QLD before and needed to wait for a callback. I was then met by 3 police officers outside who informed me the bike was stolen.

After an hour, I was allowed to leave and was met by another police officer at my house who had been waiting there to claim the bike. The police have the details of the person I bought it from (I assume he didn't know it was stolen. When asked, he said no and I met at his house and the receipt was his real name).

What grounds do I have under Australian Consumer Law to recover money from purchase and money from fixing the bike (I was not allowed to remove anything off the bike)?


LawConnect (LawTap) Verified
27 May 2014
You entered into a purchase contract. As part of the contract you should have been given clear title to the goods you purchased. You purchased the bike in good faith and spent money on it. Contact the seller and see if will agree to refund the purchase price and costs you spent post-purchase. Failing that, you will need a lawyer or DIY at QCAT.

Purchase price should be indicative of a good faith purchase. I don't know if $900 is a realistic price for the bike you purchased. If it isn't, you might have trouble getting money back (legally that is; suspect you'll have resistance from the seller anyway).