dilley
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| posted on 15/7/10 at 08:27 PM |
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help!!
I brought an R1 engine 2 days ago for my buggy, I origionally wanted a zx10r and I found one!!
I put the R1 engine on ebay today and a bloke came and brought it.
Now, the problem I have is the bloke said he thought it may be a fazer engine!!!! I said I brought it as an R1 engine and as far as I'm
concerened it is!!!
He has taken it away!!
Could he bring it back??? sold as seen on the invoice!! after
all, he should have checked it out before he paid? right??
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A1
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| posted on 15/7/10 at 08:32 PM |
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Id say if hes taken it away then he cant complain.
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pewe
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| posted on 15/7/10 at 08:33 PM |
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Comes under Caveat Emptor - let the buyer beware.
Since he picked it up he knew what he was taking away.
If he had any doubts he should have said so when he saw it and refused to complete the transaction.
Having taken it out of your posession how do you know he hasn't switched engines and is trying to scam you?
I'm no lawyer but I think you'll find that's the case.
HTH.
Cheers, Pewe 
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Paul TigerB6
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| posted on 15/7/10 at 08:34 PM |
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Who did you buy it off yourself?? If it does turn out to be a Fazer engine and you only bought it 2 days ago then surely you'd be better all
round trying to get the engine returned to the seller who miss-sold to you??
I cant remember the physical differences myself - ask him what makes him think its a Fazer
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CRAIGR
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| posted on 15/7/10 at 08:35 PM |
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Would have thought if it was advertised as an R1 and it isn't one then he'd could back it on you.
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whitestu
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| posted on 15/7/10 at 08:35 PM |
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How did he pay?
Assuming it was cash you should be fine. If Paypal then he could raise a dispute, which tends to give the buyer more power.
Stu
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Stott
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| posted on 15/7/10 at 08:36 PM |
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Aren't the latest fazers fitted with a detuned R1 lump?
So it could be the very same, save for a map and some bits n bobs
Don't stress, if he didn't want it he had the opportunity to reject it at the time of pickup
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dilley
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| posted on 15/7/10 at 08:41 PM |
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technicaly it is an R1 engine??? he is replacing a blown R1.
He paid cash and brought it out of auction.
[Edited on 15/7/10 by dilley]
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A1
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| posted on 15/7/10 at 08:49 PM |
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the fazer clutch arm comes out the top of the casing.
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NigeEss
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| posted on 15/7/10 at 08:58 PM |
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quote:
Originally posted by dilley
He paid cash and brought it out of auction.
Then he doesn't have a leg to stand on.
Time is an illusion. Lunchtime doubly so.................Douglas Adams.
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Paul TigerB6
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| posted on 15/7/10 at 08:59 PM |
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quote:
Originally posted by pewe
Comes under Caveat Emptor - let the buyer beware.
I'm not a legal bod but not so sure that applies if it is sold as something which it isnt!!
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whitestu
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| posted on 15/7/10 at 09:10 PM |
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Did he raise his concerns about it being an FZX engine before or after he paid?
If before IMHO he knew what he was getting, and if he wasn't happy should have walked away.
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scootz
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| posted on 15/7/10 at 09:12 PM |
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Most importantly, what's your thoughts if he comes back with it and tells you its a Fazer engine and supplies proof...
It's Evolution Baby!
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dilley
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| posted on 15/7/10 at 09:15 PM |
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should have found out before he paid for it!!! He raised the concern before he paid and I had no idea!
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scootz
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| posted on 15/7/10 at 09:21 PM |
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Yep... he doesn't appear to have a legal leg to stand on, but if I sold something that turned out to not be what was advertised and the
purchaser came back with proof of that, then I would consider it only fair to take the item back and return the cash.
It's all well and good saying "he should have checked", but how easy is it to know your R1 engines from your Fazer's... you
clearly don't!
I'm not having a pop at you... just coming from the other angle.
It's Evolution Baby!
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scootz
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| posted on 15/7/10 at 09:24 PM |
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Anyway... I thought you were going V-power! 2-cylinders rool!
It's Evolution Baby!
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Paul TigerB6
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| posted on 16/7/10 at 12:36 AM |
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quote:
Originally posted by dilley
should have found out before he paid for it!!! He raised the concern before he paid and I had no idea!
Just like you did then?? How would you be feeling now if you had a lower power Fazer engine to put into your car rather than the R1 that you thought
you bought.
How would you feel if i went on to accuse you of knowing what you had and selling it on to save yourself from being the one to get ripped off??
Personally I think if you want to try and hide behind Caveat Emptor then i hope he takes you to court!! I'm sure you wouldnt be quoting your
Latin if it was you that had a Fazer engine in your garage right now!!!!!
"Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit
for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting
to fraud."
like selling a Fazer engine as an R1 !! Bring on the lawyers then!!! If you'd sold it to me then i'd be seeing a lawyer tomorrow!!
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dilley
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| posted on 16/7/10 at 08:13 AM |
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Chill people, He has his money back!!
now I have to try and get mine back!!!
FAIR IS FAIR!! you know what it's like when you have the money in your pocket!!
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scootz
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| posted on 16/7/10 at 08:17 AM |
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Did he come back with it, or did you instigate the return?
It's Evolution Baby!
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dilley
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| posted on 16/7/10 at 08:29 AM |
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He called, luckily for him he did not get abusive, if he had he would have been told to f%$k off, I just said I would give him his money back as fair
is fair, a missunderstanding I think..
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scootz
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| posted on 16/7/10 at 08:32 AM |
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I suspected that it may have been a hypothetical question, but that's a bit of a b*gger that it turns out to be a Fazer engine after all (he has
properly established this, hasn't he?).
It's Evolution Baby!
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dilley
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| posted on 16/7/10 at 08:33 AM |
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deffo a fazer!
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scootz
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| posted on 16/7/10 at 08:42 AM |
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B*ggerooney!
Did you buy it from eBay, or something similar?
It's Evolution Baby!
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dilley
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| posted on 16/7/10 at 08:52 AM |
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Yes, 3 days ago! I have called him and he said we will have to sort something out! He was at work, I WILL get my money back!
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scootz
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| posted on 16/7/10 at 08:58 AM |
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That's the spirit... and well done on being one of the good guys!
It's Evolution Baby!
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