crazymech
Active member
I've attached the scan of the fax that I received for the advance... is this what you call an intent to sell? It even has the VIN number on it?!
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FJR deal gone down the drain...
- Thread starter crazymech
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Help Support Yamaha FJR Motorcycle Forum:
highcountry
Well-known member
$10K - sounds high. I picked my '07 with 3K from the Honda stealer for $8400 with $700 of accessories. The riding season is winding down, check with some of the dealers in snow states and you can probably make a sweet deal on a new one plus some shipping.
crazymech
Active member
crazymech
Active member
...good point! Thanks!!
Cash
Member
I'm of the belief that a lot of dealers and really going to be hurting for business this winter and are going to willing to make some really good deals just to move some bikes, it just might be a few months Dec or Jan.
Silver Penguin
Silver Penguin
I'd definitely be having a chat with Mama-Yama about this dealer. Tell them how disappointed you are and perhaps mention the local Honda, BMW, Kawasaki dealers. So disgusted with Yamaha etc etc.........
FJR Steve
Well-known member
well...I see a VIN, a deposit (receipt) and a "Purchase" document. In Australia, that would be game, set & match.
However, lately, I have heard a few car deals going this way, and the purchasers have screamed blue murder, threatening bad publicity, legal action etc etc....some of have been resolved with a sweeter deal (but have had to wait longer again for the replacment car).
When we ordered the VW .:R32, the sales guy showed the Contract of Sale to me, made me a cup of coffee, and told me to read through it, understand the committment, and if I was sure, then come over to his desk, sign, pay the deposit and watch as he identified the vehicle (it was on the boat from Wolfsburg, Germany). I did this, and he uploaded the stocklist screen, and we compared the VIN number. We both agreed that was the car (accessories etc checked). He then selected it, entered our details, refreshed the screen, and it was gone...off the stock list of the boat. Then he showed it sitting in the dealership's inventory (noted as on the MV **** ex Wolfsburg). He then showed me how to track the journey of the ship from our home PC.
Great way to buy an imported car. Sorry your experience was not as enjoyable. Hopefully I won't have the same issues when we buy the FJR stateside (soon I hope).
However, lately, I have heard a few car deals going this way, and the purchasers have screamed blue murder, threatening bad publicity, legal action etc etc....some of have been resolved with a sweeter deal (but have had to wait longer again for the replacment car).
When we ordered the VW .:R32, the sales guy showed the Contract of Sale to me, made me a cup of coffee, and told me to read through it, understand the committment, and if I was sure, then come over to his desk, sign, pay the deposit and watch as he identified the vehicle (it was on the boat from Wolfsburg, Germany). I did this, and he uploaded the stocklist screen, and we compared the VIN number. We both agreed that was the car (accessories etc checked). He then selected it, entered our details, refreshed the screen, and it was gone...off the stock list of the boat. Then he showed it sitting in the dealership's inventory (noted as on the MV **** ex Wolfsburg). He then showed me how to track the journey of the ship from our home PC.
Great way to buy an imported car. Sorry your experience was not as enjoyable. Hopefully I won't have the same issues when we buy the FJR stateside (soon I hope).
madmike2
Shtirrenuppenmeister
Ehhh, you didn't want that one anyway. It is probably going to leave its new owner stranded with a yet unknown malady.
Simply buy another from a different source. YOU are their loss.
Simply buy another from a different source. YOU are their loss.
DJB
Well-known member
I would offer the guy in Atlanta 10K for the bike with the suspension as a cash deal. He will take it if you can do it. He wants it to go and it is really not worth it to disassemble the bike to resell some parts. Besides all he can say is no. As a matter of fact offer 9500.
crazymech
Active member
As far as I am concerned, that particular bike is sold... so no wanting that one back... I just want them to make good the price and the model... and of course a new one.
I am going to call up the dealer and ask to speak with the owner or the sales manager and see where that gets me. If things dont progress, then I'm going to ask AMEX if they can do anything about it. Lastly, I'll look for a different bike with other sources...
Like someone suggested, a couple of months down into Winter and I imagine these will not really be flying out of the stealerships.../ so I may stand a better chance I guess... thoughts??
Rogue
Well-known member
Tell them they sold the same bike to two different people and you have the papers to show it, If they don't sell you one at that price you will scream to Mama-Yama, the BBB & your lawyer.
charismaticmegafauna
Well-known member
I once sold something I didn't own (kind'a similar..?) -- that's a no-no :nono: .
Had to get a lawyer, a local politician, and pay money to straighten it out....
RAVENRIDER
Well-known member
Aweful! Just when I think I've heard the worst about dealers, a new story comes around. I just accept that they pretty much stink and try to go in with my eyes wide open.
+1.
Spud
Well-known member
First a disclaimer: I'm a lawyer. Second disclaimer--I don't have a license in your state--so this is not advice--just my opinion....
OK then--I had a trial a few years ago where I represented a boat dealer that did basically the same thing. We lost. I told the dealer before trial we would probably lose. They also had a salesman that no longer worked there that sold the boat to a different purchaser after deposit was placed b/c they got a better offer. (ironic detail--the boat was a Yamaha, the dealer was not, however)...
They just flat out wouldn't settle with this guy and he was pissed--took it to trial (8 months later), and won.
Most states use the UCC (uniform commercial code). The fact that you paid a deposit, and they specified the very bike with a VIN, equals part performance on both sides and a binding agreement. They breached it.
They guy in my case actually found a replacement boat--same model/year, from another dealer, bought it, and my client had to pay the difference plus attorney fees.
If you find the same-better deal somewhere else--go for and and forget about this. If you can't, and have to pay more, consider making a formal demand on them either with a well-written letter of your own, or by having a lawyer send them a nasty letter spelling out the price diff....how far you want to go after that if they don't respond is up to you....
OK then--I had a trial a few years ago where I represented a boat dealer that did basically the same thing. We lost. I told the dealer before trial we would probably lose. They also had a salesman that no longer worked there that sold the boat to a different purchaser after deposit was placed b/c they got a better offer. (ironic detail--the boat was a Yamaha, the dealer was not, however)...
They just flat out wouldn't settle with this guy and he was pissed--took it to trial (8 months later), and won.
Most states use the UCC (uniform commercial code). The fact that you paid a deposit, and they specified the very bike with a VIN, equals part performance on both sides and a binding agreement. They breached it.
They guy in my case actually found a replacement boat--same model/year, from another dealer, bought it, and my client had to pay the difference plus attorney fees.
If you find the same-better deal somewhere else--go for and and forget about this. If you can't, and have to pay more, consider making a formal demand on them either with a well-written letter of your own, or by having a lawyer send them a nasty letter spelling out the price diff....how far you want to go after that if they don't respond is up to you....
03HiYoSilver
Well-known member
Spud,
Thanks for sharing your case....very interesting.
Thanks for sharing your case....very interesting.
Yabbut, even if there is a high probability of winning the suit, is it really worth the aggravation and loss of personal time?
In my mind the dealer did you a really big favor. They revealed what absolute fucking scum-buckets they are up front before you made the mistake of doing bidness with them, so now you won't feel obligated to deal with them any further or (god forbid) allow them to perform any service and / or warranty work there. Stay away. Stay far away.
Get your money out, show these tossers the TWN salute :fuck: on the way out the door, and go somewhere else and get yourself a nice new bike else where. Your enjoyment of your new bike will be the best revenge.
In my mind the dealer did you a really big favor. They revealed what absolute fucking scum-buckets they are up front before you made the mistake of doing bidness with them, so now you won't feel obligated to deal with them any further or (god forbid) allow them to perform any service and / or warranty work there. Stay away. Stay far away.
Get your money out, show these tossers the TWN salute :fuck: on the way out the door, and go somewhere else and get yourself a nice new bike else where. Your enjoyment of your new bike will be the best revenge.
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ScottyUSN
Well-known member
Does the dealership owner know what happened? If not... Give him/her opportunity to make things right (not just the sleezey sales rep). Tell the owner your story,
and ask for a replacement 2008 or newer at the agreed on price, within a reasonable period of time.
and ask for a replacement 2008 or newer at the agreed on price, within a reasonable period of time.
RCook
Well-known member
I'm not a lawyer but that looks like a bill of sale to me. I'd at least contact a lawyer before giving up on this as that may be enough to stick it to the dealer. If that does indicate a binding agreement you may have yourself a sweet deal.I've attached the scan of the fax that I received for the advance... is this what you call an intent to sell? It even has the VIN number on it?!
FJRBluesman
Some call me... The STIG!
I'm no lawyer either, I agree looks like bill of sale with deopsit. They owe you a bike, that bike. A place that sells something one a deposit or full money exhanges hands can't really back out of the deal, it's binding. Unless the bike was stolen, or what ever.
Gunny others calling Mammaha.
Gunny others calling Mammaha.
bramfrank
BramFrank
Have a PLEASANT chat with the owner and tell him how upset you are - see if he will do the right thing.
Next, note that AMEX will do NOTHING for you, as they are not involved in the deal, they just facilitate the exchange of money.
Some credit cards (some of the Amex variants among them) do have 'purchase security insurance' - and what that'll get you is your money back - but the dealer already did that and THAT is not acceptable. The commercial term for what they did is 'gratuitous'. You didn't ask for the return of your deposit - you MUST object or else you will be deemed to have accepted the refund as settlement. The money they put back in your Amex account is, once you've detailed your objections, a gift.
If the dealer does not do the right thing (or if he makes promises that detail things that will happen in the future - like he asks for a week to find a new machine and make it good - you have to detail that agreement and send that in) you must respond IN WRITING - sending it by fax is fine to start (but send a copy by registered mail immdiately after), as long as you put the words 'By fax to" and the dealer's fax number. Also put the words 'Without Prejudice' across the top - these two items after your name, the dealer's name and the date.
Below these two lines you put the 'Re: and reference the sales contract by number.
Give them 15 days to come up with another new '08 A or '09 A at the same price and tell them you reserve the right to procure a machine and that they will be obligated to reimburse you for any costs involved that put your out of pocket expenses (inclusive of any lawyer that may be hired) above the total specified in your contract (which means you can ship it across the country if you have to).
But be prepared to wait for your money, though you will win in the end. The key is to hold their feet to the fire, to give them time to make it good and to let them know what your actions will be BEFORE you do anything.
Same comment about not being a lawyer, but the simple fact is they owe you a brand new '08 or newer for the price on the contract.
Next, note that AMEX will do NOTHING for you, as they are not involved in the deal, they just facilitate the exchange of money.
Some credit cards (some of the Amex variants among them) do have 'purchase security insurance' - and what that'll get you is your money back - but the dealer already did that and THAT is not acceptable. The commercial term for what they did is 'gratuitous'. You didn't ask for the return of your deposit - you MUST object or else you will be deemed to have accepted the refund as settlement. The money they put back in your Amex account is, once you've detailed your objections, a gift.
If the dealer does not do the right thing (or if he makes promises that detail things that will happen in the future - like he asks for a week to find a new machine and make it good - you have to detail that agreement and send that in) you must respond IN WRITING - sending it by fax is fine to start (but send a copy by registered mail immdiately after), as long as you put the words 'By fax to" and the dealer's fax number. Also put the words 'Without Prejudice' across the top - these two items after your name, the dealer's name and the date.
Below these two lines you put the 'Re: and reference the sales contract by number.
Give them 15 days to come up with another new '08 A or '09 A at the same price and tell them you reserve the right to procure a machine and that they will be obligated to reimburse you for any costs involved that put your out of pocket expenses (inclusive of any lawyer that may be hired) above the total specified in your contract (which means you can ship it across the country if you have to).
But be prepared to wait for your money, though you will win in the end. The key is to hold their feet to the fire, to give them time to make it good and to let them know what your actions will be BEFORE you do anything.
Same comment about not being a lawyer, but the simple fact is they owe you a brand new '08 or newer for the price on the contract.
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