Selling A Vehicle In Spain

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Selling A Vehicle In Spain


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Old 9th July 2019, 02:13 PM
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I've just sold a motorcycle and the buyer is moaning that the front brake is vibrating a bit. I knew it was as this model always does it after a few years. I've had 5 of them. GSXR1000. I don't consider it dangerous and waiting for a report from his garage. .
I'm in Lanzarote and he's in Tenerife

He says it has a 6 month warranty and I need to pay. I have been Googling and second hand vehicles do have a warranty but it's a bit confusing.

I'm wondering if it covers consumables such as tyres and brakes etc

Any of you wise folk can offer guidance?

Gracia

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Old 9th July 2019, 02:30 PM
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There is no "warranty" for second hand goods, this is a phrase used by buyers to try to worry the sellers.

The seller does however have a liability for any hidden faults, which the buyer could not have known about at the time of purchase. For these faults the buyer has 6 months to claim.

The buyer in your case will almost certainly produce a mechanics certificate to this effect (saying that it is dangerous and could not have been known by the buyer and blah blah blah) because he will be a mate / cousin / whatever.

Did he test ride it? I'd say it is difficult to not notice a vibrating disc on a test ride.

Basically, you have two choices:

Ignore him and hope he doesn't go any further legally (probable I would have thought given that you can get a set of discs for a couple of hundred €) or two, negotiate with him and put some cash towards the new discs. If you go for the second option, get him to sign something saying that all faults have been rectified and that he is aware of the condition of the vehicle and takes responsibility for any other issue, otherwise he'll keep coming back for more.

I sold a GSXR a few years back for 1800€ and the guy tried to take me for a gearbox repair of over two grand. I wrote him a few legal sounding letters and he stopped writing to me and left me alone.
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Old 9th July 2019, 02:57 PM
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Originally Posted by Overandout View Post
There is no "warranty" for second hand goods, this is a phrase used by buyers to try to worry the sellers.

The seller does however have a liability for any hidden faults, which the buyer could not have known about at the time of purchase. For these faults the buyer has 6 months to claim.

The buyer in your case will almost certainly produce a mechanics certificate to this effect (saying that it is dangerous and could not have been known by the buyer and blah blah blah) because he will be a mate / cousin / whatever.

Did he test ride it? I'd say it is difficult to not notice a vibrating disc on a test ride.

Basically, you have two choices:

Ignore him and hope he doesn't go any further legally (probable I would have thought given that you can get a set of discs for a couple of hundred ) or two, negotiate with him and put some cash towards the new discs. If you go for the second option, get him to sign something saying that all faults have been rectified and that he is aware of the condition of the vehicle and takes responsibility for any other issue, otherwise he'll keep coming back for more.

I sold a GSXR a few years back for 1800 and the guy tried to take me for a gearbox repair of over two grand. I wrote him a few legal sounding letters and he stopped writing to me and left me alone.
I rode the bike over to Tenerife. He paid for it, then rode it 10 miles to the airport and I was in car behind with his wife. He said everything was OK.

The letter is a great idea
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Old 9th July 2019, 04:29 PM
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I rode the bike over to Tenerife. He paid for it, then rode it 10 miles to the airport and I was in car behind with his wife. He said everything was OK.

The letter is a great idea
Assuming that you are in contact with the buyer by e-mail (so that you have a record of the exchanges) I would remind him that he rode the bike for 10 miles and told you that everything was OK. You might be glad to have that e-mail later...

If he hasn't put anything in writing to you however, don't start a written exchange yet.
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Old 9th July 2019, 04:37 PM
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Caveat emptor,,, basically tell him to sling his hook, best advice is do not engage with this guy.

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Old 9th July 2019, 04:39 PM
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Originally Posted by Yorick View Post
I've just sold a motorcycle and the buyer is moaning that the front brake is vibrating a bit. I knew it was as this model always does it after a few years. I've had 5 of them. GSXR1000. I don't consider it dangerous and waiting for a report from his garage. .
I'm in Lanzarote and he's in Tenerife

He says it has a 6 month warranty and I need to pay. I have been Googling and second hand vehicles do have a warranty but it's a bit confusing.

I'm wondering if it covers consumables such as tyres and brakes etc

Any of you wise folk can offer guidance?

Gracia
warped dick?

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Old 9th July 2019, 04:40 PM
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warped dick?
disk!!! disk!!!!

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Old 9th July 2019, 06:34 PM
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Caveat emptor,,, basically tell him to sling his hook, best advice is do not engage with this guy.
That's not how Spain works.
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Old 9th July 2019, 07:17 PM
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That's not how Spain works.
if you roll over and pay out what's to stop him claiming the engine sounds wrong or the clutch has started to slip etc next month, this is spain as you say so just ignore and let him do all the leg work, as for asking for legal advice on here you are better off asking for advice down at the nearest bar.

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Old 10th July 2019, 08:05 AM
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That's not how Spain works.
Indeed, coming on here and quoting common law legal principles for a transaction in a civil law country shows that, indeed, asking for legal advice from some on here is akin to asking in a bar.

Whether the OP chooses to pay any attention to my advice is his own choice, but I can assure you that I will not mix up two distinct legal systems and neither will I ever post a legal opinion that I cannot back up with references to the applicable laws (laws that I have actually read and understood).
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