A New Zealand motorcycle dealership will refund nearly $13,000 after it sold a 2017 model bike as new. The Christchurch dealer, Euromarque Holdings, LTD dba CMG Motorcycles, sold a Triumph Street Twin motorcycle to buyer Philip Johnson in October 2019.
Two-year-old Street Twin
The dealer told Johnson that the machine was a new ex-demonstrator model and sold it at a discounted price. After the purchase had been completed, Johnson found that the bike was actually manufactured in 2017.
Feeling that he had been duped, Johnson complained to the Motor Vehicle Disputes Tribunal. He contended that the dealership misled him into thinking the bike was a current 2019 model.
Other Street Twin advertisements
According to Johnson, before he purchased the bike, he found the bike in a “TradeMe” classified listing. It described the bike as a Triumph Street Twin 2019. It did say that the bike was a demonstrator. But, after he had purchased the bike Johnson said that he again found it advertised online. This time the bike was advertised as a 2018 “ex-demo 2018 Street Twin”.
At the Tribunal
At the February hearing, Euromarque’s sales manager said he could not recall his exact words. But he did not claim that the bike was a current model.
Additionally, Triumph New Zealand confirmed it received the bike in March 2017 and sold it to Euromarque in April 2018 at a discounted price. It also said that the 2019 Triumph Street Twin is equipped with upgraded brakes, suspension, and electronic features when compared to the 2017 model.
After the testimony was complete, the tribunal rendered its decision. The Tribunal’s findings said that Johnson had specifically asked the age of the motorcycle and that the seller did not answer him honestly. Further, the Tribunal heard testimony saying if the buyer had known that the motorcycle was two years old, he would not have bought it.
Adjudicator Jason McHerron said that a “reasonable person” in Johnson’s situation would have thought the motorcycle was new due to the way it was presented and sold. He went on to say that the means used to sell the bike was “patently incorrect and misleading.”
As a result, Johnson’s purchase is void and Euromarque is required to refund the full purchase price of $12,990. Johnson must also return the motorcycle to the dealership.