Facebook market place

[slummymummy82]

My husband sold a bike on Facebook market place. It was a frame he bought secondhand himself and added the rest of the kit to it. He was really transparent with the frames history and the work he had done to it. There was an issue on the frame which he did point out. The bike was in perfect working condition, with of lot of decent kit on it and my husband was still happy to ride it he just has that many other bikes we literally didn't have room for it. The guy who bought it went away and took it to some one and spent £150 having it stripped and inspected and has come back saying there is damage to the forks and he wants his money back. This was 2 weeks after he bought it and is now threatening legal action. Does anyone know where we stand legally?

Should imagine its sold as seen and doesn't have any come back.

That's exactly what I think, I'm hoping he's bluffing but don't know what will happen if he takes him to court

No, it is not sold as seen. Legally, there is no such thing. However, as this was a private sale, the only requirement was that the bike must match any description you gave. Unless you said or implied that there was no damage to the forks, you are not liable.

In this situation, (Private sell) Caveat emptor applies. The seller has no proof that the damage was not caused after the purchase when the bike was being striped down. The bike should have been inspected throughly before purchase. A court very very unlikely to rule in buyers favour.

I am assuming it was a cash sale or bank transfer. If it was paypal unfortunately they tend to rule for the buyer regardless of circumstances.

hopefully they paid cash. You should never accept Paypal for a collected item.

Yes they paid cash thankfully.

another thought if the buyer paid £150 for it to be stripped etc then he cannot return in the condition in which you sold it. Just block them. they have not got a leg to stand on.

That's what I said to my husband when the first message came through but they know where we live. We have legal advice with the house insurance and they have helped us with a response but they weren't that reassuring that we would win in a small claims court.

Just to repeat, the only rights the buyer has under the Consumer Rights Act is that the goods must match any description. If they did, you don't have any problems. I suspect your house insurers (or their lawyers) were just being cautious.

I think the issue is that my husband said the structure was sound and the stripping of it has supposedly unearthed the issue with the forks..

Hi, I am going through similar, How did this work out for you?