Odd question (Legal Advice Needed)

[Killerelite06]

Hi Duma Community, I need some advice from lawyers or somebody who can assist me with this matter.

 

I saved money and end of 2015 I went to a dealership that sells second hand motorcycles , a 2013 Kawasaki zx6r caught my eye and I asked the dealer if there was something wrong with the bike he stated the bike lowsided at a slow speed but the only damage was cosmetic  (he stated he replaced the body kit ) I accepted it as I was in a rush (I know wrong move not getting a second opinion) so I ended up buying it  . All went fine up until this evening when I was driving home and the bikes engine light came on and it overheated so I stopped at a garage on my way home where I was told by Honda motorcycle mechanic...

 

*The engine was about to cease and I should not drive any further 

*The clocks where turned back/replaced and it was not the real miles/km on the clock

*The tank was not bolted down (you can pull it up I saw it with my own 2 eyes)

*The bike was most likely in a serious accident cause this and that looks bent...(I was in shock and did not listen to the rest)

*The bikes frame was cracked and apparently painted over so nobody would notice 

*It was race body kit that was painted to look like a normal one

*The engine was leaking something (but I have never seen oil/liquid on the ground in my garage before)

*It was a race bike that was build up again so it could function as a road bike  

 

1.I want to know if I can get a full refund on the bike from the dealer because nowhere on the contract did he indicate the bike was in this bad shape the only thing indicated was he replaced the body kit and that I know the bike was in a minor accident ?

2.Should I trust this Honda mechanic or is he simply looking to buy a motorcycle for cheap and make a profit ?

3.Can I take legal action or settle this in court cause the dealer I bought it from immediately became hostile when confronted about the problem making up a lot of stories as to why there could be a problem and to why they should not look into it he will fix it 

 

Thanks in advance 

 

Ps . Please keep the answers on point I already know I made a mistake not getting a second opinion

       I can provide further details if needed  

[UK_Wildcats_Fans]

That is terrible.  Where are you located?  The laws vary throughout the world.

[Killerelite06]

That is terrible.  Where are you located?  The laws vary throughout the world.

South Africa 

[Dillinger]

Hi Duma Community, I need some advice from lawyers or somebody who can assist me with this matter.

 

 

1.I want to know if I can get a full refund on the bike from the dealer because nowhere on the contract did he indicate the bike was in this bad shape the only thing indicated was he replaced the body kit and that I know the bike was in a minor accident ?

2.Should I trust this Honda mechanic or is he simply looking to buy a motorcycle for cheap and make a profit ?

3.Can I take legal action or settle this in court cause the dealer I bought it from immediately became hostile when confronted about the problem making up a lot of stories as to why there could be a problem and to why they should not look into it he will fix it 

 

 

Hi There - I'm not a lawyer, or in any legal field, and I have never played one on TV.  I also have ZERO real world experience with the Laws of South Africa.  So take this with several grains of big assed salt.  

 

That said, life teaches you a thing or two.

 

In the states (and I know this isn't much help, but may give you a couple of ideas):

 

1. Concerning the Refund.  I would be really surprised if a second hand lot just ponied up the cash and called it a day.  I suspect more of a legal battle, where is where you need to research this phrase.  Caveat Emptor or Buyer Beware.  Did you get any type of warranty or service contract as part of the sale?  If you didn't, then this MAY play into your position that you were sold a Bill of Goods (the bike) that was in "other than" condition.  Assuming you can take the mechanics word as legal fact, If it could be proven that the guy covered up all shit, he would be participating in Fraud, and if the value exceeds a recognized limit, it CAN be a pretty serious offense (here in the States, you will need to check locally).

 

2.  Trusting the Story of the Mechanic:  Given the story as told, you limped into his shop with a non-working bike.  While the guy could have been waiting for this day his whole life, to finally acquire his dream bike for a steal, I would say you can probably trust the basic "what's wrong" from the guy.  If you doubt that, just make an appt at any other bike shop and see what they find.

 

3.  Legal Action.  Yes (in the US, most likely in SA), if the bike was sold to you in "other than" the condition that has been discovered AND (this is key) you can prove there was malicious intent, you can sue the pants off the guy.  If he claims he bought it at auction "that way" and it was sold "As is" - you would fall under Caveat Emptor here in the States and be shit out of luck.  However you said he told you he had the body kit replaced, that is what you need to concentrate on as there was "work done while in possession" to lend weight to your argument.

 

You will probably need a lawyer/barrister and it will probably cost you some money up front.  I don't know how long the legal wranglings take in SA, but here in the States this would likely be a "Small Claims Court" type of thing and could be handled in a couple of months or less.

 

Good luck man - sounds like you got sold a real dog.