So I purchased a 2012 KX250F used, from an mx bike shop, the owner who I am friends with on FB and have a few mutual friends but wouldn't say we're friends as such if you know what I mean.
It was knocking second time I used it so decided to get someone to have a look at it. Strip it down and tell me what needs doing. Expecting a few hundred quid get it done, nice refreshed engine away we go.
He's split it and without looking at the bottom end yet it's going to cost around a grand. New valves, valve seats, timing chain was so loose he could fold it over! Plus other things, he's putting together a report of what's wrong.
Assuming the shop denies all responsibility, what would you do?
Pay it to get fixed and carry on with life
Raise a section 75 with the CC company and get the CC company to retrieve what it costs to fix the engine. (This is assuming the shop doesn't give me anything towards the repair)
The only issue I can see with the way this has gone is that the guy could argue you didn't give him the opportunity to rectify the issue. i.e. Why didn't you take it back to him with the issue and see what he says?
Personally I'd have taken it back to him, given him the opportunity to make it right and then decide on a course of action from there.
He's now got the option of trying to claim it's the other place that has looked at it that have caused the extensive damage and that it was never in that state when he sold it. His word against yours sort of thing.
I'm not really sure what I'd do from this point, but I'd be loathed to pay a grand on top of a bike I assumed was in good serviceable condition. If I sold someone a laptop in good faith and they came to me a week later and said (essentially) "it's fucked, it needs all sorts doing, are you going to pay/help towards the cost" I'd feel a little disappointed and also suspicious at why they didn't tell me straight away so I could offer to fix it myself and make things right.
On the other hand he could be a dodgy fucker and you were always going to be up shit creek regardless so my reply probably hasn't been of much help lol
Did you get mates rates on the sale price?
I have had problems with the only two bikes I have bought from friends probably because I have been less careful than when buying from a stranger.
By reading your post it would seem you didn't do any checks...if the timing chain and subsequent parts are as bad as you suggest they must have been easily detectable to all but the most niave.
The seller may or may not have known about the condition of the engine...but either way by letting a third party at it you've gave him/her the exit door to stroll away from.
as al says i think the problem you have is that someone else has now taken it to bits, was/is it under warranty?
you may have got them to look at it as good will gesture ... although not sure if they are obliged to or where law stands on this?
i guess you would have to be able to prove they were aware of the fault when they sold it. But now its been apart how can you do that?
personally i am always very aware when buying 2nd is a bit of a risk .. unless it broke down on my way home i think i would take it on the chin
Yeah, the minute it started knocking, you should have raised the issue with the dealer.
It's now going to be very complex and costly to determine exactly what the damage was at point of sale..... probably more than it would cost to repair with no definite success.
How long did you have the bike before the first symptoms? I'm sure dealers have an implied duty up to 30 days, thereafter you'd need to prove they knew the bike was damaged when they sold it..... almost impossible.
Its a competition bike, and 4T motocross bikes are expensive to maintain.
They don't have a warranty when they are brand new.
I don't think you've got any grounds for a claim I'm afraid.
Bear in mind that you're supposed to have the head off and check valve clearances every half a dozen races on these things. Its not surprising the valve seats can take a hammering.