what would you do?
#1
what would you do?
hi all
I have a question for you...
I have recently bought an off road go kart from a lad on ebay.
from the look of the kart its in good condition, and seems to work ok.
when I bought it I was aware there were no brakes on the kart but thats not a massive issue and could be resolved.
when I picked it up from the lad, before I parted with the cash (quite a lot of cash) I said this is safe isnt mate because my mates kids will be going on it, he answered yes, I also said its mechanically sound and its not going to pack up in a couple of weeks, he said no, its been well serviced....
anyway, the other day we were on the back field messing about on it just after sorting the brakes, my mates lad was on it, he was going up a slight hill, the engine failed (seized) rolled backwards and tipped over, the roll cage snapped at a joint that had been badly welded and covered over with paint so it couldnt be seen, the lad has broken his coller bone, and fractured his left arm, and is very bruised.
the question is as above.
What would you do?
jamo
I have a question for you...
I have recently bought an off road go kart from a lad on ebay.
from the look of the kart its in good condition, and seems to work ok.
when I bought it I was aware there were no brakes on the kart but thats not a massive issue and could be resolved.
when I picked it up from the lad, before I parted with the cash (quite a lot of cash) I said this is safe isnt mate because my mates kids will be going on it, he answered yes, I also said its mechanically sound and its not going to pack up in a couple of weeks, he said no, its been well serviced....
anyway, the other day we were on the back field messing about on it just after sorting the brakes, my mates lad was on it, he was going up a slight hill, the engine failed (seized) rolled backwards and tipped over, the roll cage snapped at a joint that had been badly welded and covered over with paint so it couldnt be seen, the lad has broken his coller bone, and fractured his left arm, and is very bruised.
the question is as above.
What would you do?
jamo
#2
Sorry to hear the lad has been hurt
However, surely sold as seen. Don't trust anyone's word, especially when dealing with mechanical issues. With hindsight, should you have got it mechanically looked over before letting kids loose on it? So many accidents with these things Maybe whoever did the welding wasn't a pro, and thought it'd be fine?
However, surely sold as seen. Don't trust anyone's word, especially when dealing with mechanical issues. With hindsight, should you have got it mechanically looked over before letting kids loose on it? So many accidents with these things Maybe whoever did the welding wasn't a pro, and thought it'd be fine?
#4
Originally Posted by shaggy1973
maybe, im still considering ringing the lad up and telling him what happened to see if I get a response. I think it would be responsible of him to pay for the repairs to make it safe to use!
Private purchases from Ebay do not come with warranties or guarantees...if you wanted one, you'd have bought one from a dealer, be it new or 2nd hand.
#5
to be fair imlach, if you looked at it theres not a lot to it, and it had just recently been painted so no way of seeing the weld, I cant see a mechanic would have been able to spot it either.
I paid £500 for it, it would have been double that from a dealer.
I paid £500 for it, it would have been double that from a dealer.
Trending Topics
#8
Originally Posted by jods
Well - Harsh advise above but fair, use the £500 you saved to pay for safety cage repairs / paint job and check the fuel supply (fuel cut out going up a hill??)
#9
Originally Posted by shaggy1973
no not fair at all, he told me when I bought it that it was safe to use and that the engine was in good condition and well serviced, it wasnt either of these things.
Fair? No. Reality? Yes.
#11
Scooby Regular
Join Date: Aug 2003
Location: Sheffield; Rome of the North
Posts: 17,582
Likes: 0
Received 0 Likes
on
0 Posts
It isnt 'sold as seen' in the way implied. The vendor has mis-described the vehicles condition in two seperate instances: firstly hes stated that the vehicle has been well serviced, secondly that the vehicle is 'safe'. Both of these statements constitute a breach of description / misrepresentation and you will easily win should you choose to take civil action against him.
Simon
Simon
#12
Originally Posted by GC8
It isnt sold as seen, the vendor has mis-described the vehicles condition in two seperate instances: firstly hes stated that the vehicle has been well serviced, secondly that the vehicle is 'safe'. Both of these statements constitute a breach of description / misrepresentation and you will easily win should you choose to take civil action against him.
Simon
Simon
#13
Scooby Regular
Join Date: Aug 2003
Location: Sheffield; Rome of the North
Posts: 17,582
Likes: 0
Received 0 Likes
on
0 Posts
Scottish law may differ here, but civil law doesnt require proof in the manner that criminal law does, so the verbal description will be adequate if James is more convincing in court. Had the James not asked then he would have no redress at all, it'd all be a lot easier if the vendor had replied by email I agree.
Simon
Simon
#16
Scooby Regular
Join Date: Aug 2003
Location: Sheffield; Rome of the North
Posts: 17,582
Likes: 0
Received 0 Likes
on
0 Posts
James says that the vendor stated that the vehicle was mechanically sound / well serviced, this is pretty clear. If he acts promptly I dont think that therell be a problem. Avoiding the Couty Court isnt difficult though.....
Simon
Simon
#17
2 weeks 2 days ago.
I have just rang him and got put onto his dad, he sounds ok, he just asked me what happened, I explained, he seemed genuinly concerned, it turns out the lad that sold it to me is just 16, he looked about 20 long paper round? he is going to get back to me, and I believe that he will.
cheers for the support simon
I have just rang him and got put onto his dad, he sounds ok, he just asked me what happened, I explained, he seemed genuinly concerned, it turns out the lad that sold it to me is just 16, he looked about 20 long paper round? he is going to get back to me, and I believe that he will.
cheers for the support simon
#19
Originally Posted by shaggy1973
2 weeks 2 days ago.
I have just rang him and got put onto his dad, he sounds ok, he just asked me what happened, I explained, he seemed genuinly concerned, it turns out the lad that sold it to me is just 16, he looked about 20 long paper round? he is going to get back to me, and I believe that he will.
cheers for the support simon
I have just rang him and got put onto his dad, he sounds ok, he just asked me what happened, I explained, he seemed genuinly concerned, it turns out the lad that sold it to me is just 16, he looked about 20 long paper round? he is going to get back to me, and I believe that he will.
cheers for the support simon
#23
Originally Posted by Redkop
It's the old 'caveat emptor' scenario...
caveat emptor IMHO does not cover this.
James
#24
Originally Posted by shaggy1973
I understand that, but he confirmed the condition as very good before the sale went ahead (I paid) the condition was agreed in that A) it was safe to use (it was not), and B) it was mechanically sound, (again it was not).
caveat emptor IMHO does not cover this.
James
caveat emptor IMHO does not cover this.
James
Of course, could he have bought it in the same condition as you? Therefore unaware of the issue.
Caveat emptor
#26
Originally Posted by shaggy1973
actually yes, he confirmed it on e-mail (not paper but proof) before I travelled to get it, but I got him to say it to me as well.
Does sound a bit like it may have been in this condition before he got it. Who knows.
#27
It boils down to what he thinks is 'safe' and what 'mechanically sound' is and I can't see any court using his written confirmation as evidence from a 16 year old.
I hope he is a straight up lad and you can get some recompense. Good luck.
I hope he is a straight up lad and you can get some recompense. Good luck.
#28
Scooby Regular
Buyer beware ...............
Did the seller claim to be a safety expert? or a mechanic? NO? - well, 'in his OPINION' is WAS safe and it may bave been well serviced (did you ask for evidence of servicing?).
You do know, legally, he owes you nothing!?
£500 ain't much ........ cheap as a lesson I would say?
I hope the lad gets well soon, by the way!!
Pete
Did the seller claim to be a safety expert? or a mechanic? NO? - well, 'in his OPINION' is WAS safe and it may bave been well serviced (did you ask for evidence of servicing?).
You do know, legally, he owes you nothing!?
£500 ain't much ........ cheap as a lesson I would say?
I hope the lad gets well soon, by the way!!
Pete
#30
Originally Posted by Redkop
It boils down to what he thinks is 'safe' and what 'mechanically sound' is and I can't see any court using his written confirmation as evidence from a 16 year old.
I hope he is a straight up lad and you can get some recompense. Good luck.
I hope he is a straight up lad and you can get some recompense. Good luck.