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NSW Refund for Bike Bought from Facebook Ad?

Discussion in 'Australian Consumer Law Forum' started by DavidK, 16 August 2016.

  1. DavidK

    DavidK Member

    16 August 2016
    Likes Received:
    My son bought an unregistable motorcycle from an ad he found on Facebook posted by a friend. The ad stated the motorcycle was a 2008 model but when my son tried to order parts for the bike, it was revealed the bike was actually a 2003 model.

    The bike is a Suzuki RM250 and there is no manufacturer date on the bike. The only way to identify the build date is by checking with a Suzuki dealer. My son contacted the seller asking to return the bike and get his money back but the seller has refused to take the bike back.
  2. Sophea

    Sophea Guest

    For private sales you can still rely on common law contractual principles such as misleading and deceptive conduct. This would extend to knowingly giving false information about something that you are selling in order to induce a sale. Therefore you could sue him at common law for a refund. Perhaps you could consider writing a letter of demand for refund and return of bike to seller. If he refuses apply to NCAT and sue him.

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