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QLD Sold Motorcycle to Mechanic - Cooling Off Period?

Discussion in 'Australian Consumer Law Forum' started by Blackout182, 19 March 2016.

  1. Blackout182

    Blackout182 Member

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    Okay, so yesterday I was working on my motorcycle and got it to a point where it wouldn't start. I called a mechanic and on the phone, he said it would take him half an hour and it would cost around $44.

    I took the bike to him and waited the day for the repair.

    When I arrived back, he told me that the kick start lever had a clip come off in the engine and it wouldn't be worth getting it repaired (as it is a postie bike and I spent about $700 on it). He said the labour would be about $99 or I could just leave the bike as payment.

    In the moment, I felt he was doing me a favour so I wrote out something along the lines of 'I, Justin Lillico, give my Honda CT110 to <business name> for labour costs.' I did not specify an amount and I didn't sign it.

    I have since realised that I could repair it myself for far less than they were telling me and I feel as though they ripped me off.

    As it was late Friday, I have to wait until Monday to do anything and I was just wondering if I have any legal grounds, like a cooling off period or Australian Consumer Law or something. The kick pedal was working when I have it to him and he could have well broke it for all I know. It seems suspicious.

    He may yet just agree to give it back but I was just wondering, is there anything else I can do?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Blackout182,

    I don't know of any cooling off period that would apply here. The Australian Consumer Law would apply insofar as we are talking about the provision of the service by the mechanic to you and your payment for that service based on his advice. Under these laws, it is illegal for a business to engage in conduct that misleads or deceives or is likely to mislead or deceive consumers. Here is a gov webpage with more info on that: Advertising and selling guide - Misleading or deceptive conduct | ACCC

    As in most consumer law situations, I would recommend that you first go in and talk to the guy and ask for your bike back and pay for his service in cash instead - or dispute the amount of the service based on the fact that the kick was working when you dropped it off. If he refuses, write a letter of demand for the return of the bike, based on the fact that you believe he engaged in misleading and deceptive conduct under the ACL and in the event he refuses you will be involving the Dept of Fair Trading. See how that goes.
     
    Blackout182 likes this.

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