Private sale - Not as described?

[less2303]

I have recently bought an off road motorbike for my son from E Bay. At first the bike appeared OK, but developed numerous faults after a short while, which lead to the engine having to be stripped down, and numerous parts replaced due to being worn out.

 

I am aware of `Buyer beware` for private sales, but in the item description he stated `Full engine rebuild 8 hours ago` (8 hours being the amount of time the bike has been ridden since).

 

Would this now therefore fall under the `Not As Described`category included in private sales, as if it had been fully rebuilt all the worn out parts concerned would have been replaced already?

 

I have tried e mailing the seller, and been through all the dispute processes offered by Paypal and E Bay, without any response at all from the seller. I am now contemplating small claims.

[gyzmo]

Yes, you are right. Description and good title are the only parts of Sale of Goods that apply to private sales.

[raydetinu]

Seller is first contact, then Ebay dispute as you should covered, but takes forever.

Small claims wont work as it is an auction, therefore everything is down to buyer as if you were at an auction in person. no comeback whatsoever. engine rebuild! does not mean it was done well thogh?