Jamo

iTrader: (23)

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

imlach

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?

Jamo

iTrader: (23)

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!

imlach

No harm trying I guess, but if you bought it more than a few weeks ago, I think you'll be struggling.......

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.

Jamo

iTrader: (23)

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.

imlach

...exactly. You pays your price, etc etc....sorry to be harsh.

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??)

Jamo

iTrader: (23)

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.

imlach

A bit naive I feel. Buying things like cars/motorbikes etc from private sellers (especially Ebay) is ALWAYS going to involve people telling lies & untruths about the item they are selling. Been going on since time began, and will continue to do so. There is little comeback in private sales....

Fair? No. Reality? Yes.

Patt@firstime

Sorry to thats happened mate

I'd never buy anything that can break or go wrong from ebay.

Hope you get something back

Matt

GC8

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

imlach

Ah, but it sounds like it was described verbally, and I bet you there is no WRITTEN statement of its condition.......

GC8

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

Freak

also one persons version of 'safe' and 'good condition' may differ from anothers

imlach

It also revolves around how long ago it was purchased.

GC8

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

Jamo

iTrader: (23)

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

GC8

Pleasure

imlach

Sounds like you may get lucky then.......but do be less naive next time

Jamo

iTrader: (23)

shut it ya argumentative scot

imlach

Canny Scot

Redkop

It's the old 'caveat emptor' scenario...

Jamo

iTrader: (23)

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

imlach

...and surely you got written confirmation of this. If not, why not?

Of course, could he have bought it in the same condition as you? Therefore unaware of the issue.

Caveat emptor

Jamo

iTrader: (23)

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.

to be fair he seemed straight up, so he may not have known about it?

james

imlach

Well, if you've got email proof, you've got a better chance.
Does sound a bit like it may have been in this condition before he got it. Who knows.

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.

pslewis

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

Jamo

iTrader: (23)

yeah your right pete.

and usually I would take it, and walk away, but because I trusted him and he told me it was safe, a good friend of mines child has been seriously injured!

but as you say, buyer beware....

Jamo

iTrader: (23)

I have told him I just want him to pay half towards the repair of the frame (£40) and then I will be happy, my mates (the lads dad) not very chuffed with him though, he came with me when I picked it up and heard him say it was safe.