Q Can I claim back money paid for a now unwanted bike?

‘The garage owner said he would help but is reluctant to return the money’

My late husband selected a motorbike from a local dealership. At first he paid a deposit, then paid the balance. But unfortunately my husband died before he took delivery and I informed the dealership that I could not accept the motorbike. The garage owner informed me that he would sort something out to return the money. The motorbike was not registered in my husband’s name. The garage owner is now reluctant to return the money. How do I stand legally for the return of the money? Clearly I have no need for the motorcycle and would rather not be saddled with the task of having to take delivery and then sell it again. V Burroughes, email

A

Firstly, we are very sorry to hear of your loss and this must be the last thing you want to be dealing with. Unfortunately, there is no quick and easy answer to the bike. The big issue here is that the contract was formed between your late husband and the garage and you are unfortunately unable to undo the contract. This is further complicated in that the motorcycle is property falling under your late husband’s estate. It’s possible that he may have left a will specifying that the bike should go to a certain person in the event of his death and such a wish must be honoured as long as he had mental capacity to make a will and was not coerced into writing the will leaving the bike to a specified person.