Purchased a dangerous motorcycle

[StayAGhost]

DH brought a motorcycle ££££
It then pissed it down with rain for several weeks, so didn't take it out
Took it for first ride on New Year's Day
On going from first gear to second the whole back wheel locked up, throwing him off
There's loads of damage to the bike
Looking at the clutch/ gear box it's obviously faulty
Where do we stand regarding getting ££££ back?

Was it a private purchase? Small claims but you'd need to establish that it was faulty when purchased and not seized due to standing.

Presumably he did a test ride and then rode it home without issue, so I imagine it would be claimed that the damage was done when it was stood for weeks, or when he took it out on New Year's Day.

I don't think you'll get the money back that you paid for it, in other words. Did he buy it from a dealer or a private owner? If it's from a dealer, they may be willing to have a look at the fault.

It's from a well established dealership

No test ride (rain)
Had bike delivered

This was literally the first time he had ridden it

Not covered in insurance, as they don't cover accidents from mechanical defects

Thanks to both for answering

It was only stood for a few weeks, shouldn't have seized up in that time

Sorryiasked do we need to get some one like RAC to do an independent inspection of the bike?

Why would they not have test driven an expensive bike prior to purchase? Did they have legal cover on the bike insurance, if so, speak to them ASAP.

Did he buy it from a dealer or an individual?

Did he inspect it before he bought it? It’s really unusual not to have a test ride, even if it was raining - is he a confident rider?

Depends on why it happened.
Few reasons:

Rider error. Sloppy gear change meaning the bike was temporarily in neutral.
Poor maintenance of the bike if it has been left for several weeks. If damp conditions, bike not covered can cause rust dampness in the transmission.
Mechanical fault on the bike that was present at point if purchase.

You would have to prove it was not rider error/poor maintenance in order to have a case for a refund.

Thanks everyone

No legal cover via insurance. We've paid for this in the past, only to find the actual cover to be nonexistent

Agree a test ride would have been a better option, although if the accident had happened where the dealership is located (on a very busy road), really doesn't bear thinking about

Yes, proving the fault was present on purchasing is going to be the issue. I'm not sure how to do that?

Bike was in a garage by the way, not kept outside

Needs changing, no not neutral. The whole rear wheel locked up

The bike needs to be looked at by a motorcycle mechanic in order to determine the issue.
If it is a mechanical fault present before purchasing then hopefully a full refund or replacement can be arranged.
What does the bill of sale/receipt state regarding warranty?

It had a 3 month warranty on it

The issue is 2 fold

1. bike sold as dangerous. Needs new clutch: gear box
2. substantial damage caused by crash

Should I arrange for someone like RAC to inspect it?

Dealership ignoring emails

Don't want to phone, as been advised to keep an evidence trial

www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/
Not sure if this also applies to motorbikes.
Contact the consumer helpline (assuming England or Wales) www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/ for more info.

Any motorbike specialist mechanic could provide a report on any faults with the bike present before the crash/caused the crash.
I would then send that proof to the dealership and give them a set date to respond by.
Look up the trading standards guidelines too in order to see where/what breech the dealership has committed.
It may end up being a civil case OP so bare that in mind as it can be costly.

You need a professional opinion as to why the back wheel locked up.

You say Looking at the clutch/ gear box it's obviously faulty, what makes you say that?

If there is a provable fault with the motorcycle which was there at the point of delivery you need to walk into the dealership and not leave until they fix it. Don't wait for them to reply to emails.

When did he buy it?

Are you sure they are ignoring emails rather than just still closed, most closed over Christmas and new year. Trading standards might be worth a call

Coldhands
When you press in the clutch the bike goes into first (with a clunk), up to neutral and then no further!

Sadly we didn't do this prior to purchase!
We sort of trusted that a reputable dealer would sell a bike that's safe

@StayAGhost Might be a faulty sidestand switch, especially if it's a Suzuki.

Either way, the bike should have been given a check over and test ride before delivery. You definitely need to go back to the dealership in person and refuse to leave until you're satisfied that they're fixing / refunding it. Good luck!

Would a faulty side stand switch cause the rear wheel to lock?
The side stand is an after market one

Surely this is covered by distance online/ purchase rules? As it wasn't actually purchased in person? How did you pay op?

Luckily we paid by credit card, so do have that protection
Won't solve the very broken bike tho
Also part exchanged old bike, so may loose that money (£1500)

Cold hands, correct it is a Suzuki!

Would a faulty side stand switch cause the rear wheel to lock?
The side stand is an after market one

Some bikes have a switch which prevents the bike being put into gear when the sidestand is down. If this bike has one and it's faulty then it could be falling in and out of neutral which may cause this. You need to take it to a proper expert though to confirm this.

Is the dealership far from you? Have you tried phoning them? If you turn up in person, preferably with the bike, they can't ignore you! Emails are easily ignored.