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Problems with brand new motorcycle

Q: I recently purchased a new motorcycle. A few hours after I picked it up I noticed that there was rust on its chassis. Is it legal for a trader to sell a motorcycle with rust and claim it is new? I also noticed that the motorcycle has a missing part. When I complained about this with the dealer, he told me that the part is not included in this year’s model. However, the dealer’s website and other online photos feature the model of the motorcycle I purchased with this part. What are my rights?

A: A brand new motorcycle is not meant to have rust on its chassis. Hence, you may complain about this with the seller arguing that the motorcycle sold to you does not ‘show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect’ and request that he replaces it with a similar model. If such a solution is not possible, then you have the right to cancel the sale and request a full refund. Having said that, it was still your responsibility to carefully check the product you were about to buy for any apparent defects and upon detecting such defects you should not have accepted to purchase the motorcycle.

Regarding the missing part, if the motorcycle is being advertised by the seller on his website with this part, then you can insist on having the part included in the price paid for the motorcycle.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm

European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt

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