Test Ride Nightmare!! Could use some advice please...

[Wee Willy]

Tailwalker - Ironic handle wouldn't you say… I know it can be about airpalnes too, but….
I totally disagree with many things said here.

I'm not sure what the WA state laws are there, so I'll use my Cali logic (Like that's good anywhere else). The person riding the bike IS responsible for damage. Yes the bike should be insured thru the dealer or the dealer assumes risk if not. That being said, who caused the accident? The rider. Who is legally responsible under the law to pay? Technically the rider is. Insurance is for taking that burden from the rider and being underwritten for such a mishap.

If the dealer so wishes I'm sure he can take legal action against you and more then likely prevail, maybe not. Maybe the laws in WA state say, you let the person ride it, it's your fault.

You may want to talk to an attorney friend if available.

Good luck.

+1. And another Californication opinion. You will be (and should be) responsible for the extent of the loss to the dealership. The real question is what is the loss? What insurance does the house carry? Ask the dealer. And do you have any riding insurance? You should be out the deductible at worst if either of these conditions apply.

Did you like the bike? Does it fit in your wallet? Buy it with the fixes, get the 2-year coverage and move out. You're getting a great machine with only cosmetic damage fixed up by the dealer (5 mph...right?).

And finally, "just walking away" is unethical... You wouldn't like it if the roles were reversed. Tally up your real losses (after any insurance), face 'em down and deal with 'em. Any decent attorney can help you find the real answer to the loss question.

Good luck.

W2

 

[terp84alum]

From Cycle Trader

Show this to your dealer. This is a new leftover for $9999. Tell him you will use this if this ever goes to trial. At $4k, you're paying 40% just to have it fixed FOR THEM!

 

[palerider]

[SIZE=24pt]Call a lawyer at once. [/SIZE]Except for this free advice, stop getting your legal advice on a forum!

+1

I would add two things:

1) A lot of the time--way too much of the time--the dearlers are simply wrong about stuff.

2) I don't believe the dealer's story about "got the bike from Yamaha at auction so there's no warranty...." Something wrong there. Maybe Washington's an exception, but I have a really hard time believing a dealer can sell a bike as new without a factory warranty. The way he got the bike from Yamaha has nothing to do with you. Call Yamaha.

 

[palerider]

Anybody here a lawyer from WA State or know of one I can contact. I already talked to one motorcycle lawyer over phone.....not very encouraging. Basically, he said I had no recourse and need to work it out with the dealer. Nice.....

I deeply respect your impulse to do the right thing. Not enough of that these days. But the reason to talk to a lawyer is to be sure you know what the right thing is.

 

[canyonman]

Canyonman---I've only riden a couple high horsepower bikes on test rides (I own a 650cc bike). Obviously that inexeperience coupled with cold, new tires contributed to my incident.

Was not actually questioning your ability

The dealer didn't give me any special instructions or warnings before I rode and they didn't check to see if I was insured (I'm insured). Not smart on their part and if things somehow go to court that would definitely go in my favor.

This was my point about it being an AE not saying an AE is harder to ride just that it's different and without specific instruction from the dealer a mishap could occur.

In the end you have proven beyond a shadow of a doubt (not that any was implied) that you are a man of integrity I'd ride with you anytime.

Good luck

 

[johndaub]

Curious, from what Yamaha has told me in the mailer I can only get the YES pkg for my bike while it is still under warranty so if this bike has no warranty how is the dealer getting the extended YES warranty?

When I thought about getting a used FJR from Cota, I think I checked on YES. IIRC there is a different YES which is 2 years for out of warranty FJR within certain parameters with dealer inspection. Yamaha could fill you in on whether I remembered correctly.

 

[Tailwalk]

Update....

Just finished talking with Yamaha Customer Service. This bike was sold at auction as-is no warranty. So unless the dealer is somehow able to reinstate that (which I doubt).....I will not be purchasing this bike.

Thanks

David

 

[Geezer]

Update....
Just finished talking with Yamaha Customer Service. This bike was sold at auction as-is no warranty. So unless the dealer is somehow able to reinstate that (which I doubt).....I will not be purchasing this bike.

Thanks

David

Did they explain why there was no warranty?

 

[johndaub]

The dealer didn't give me any special instructions or warnings before I rode and they didn't check to see if I was insured (I'm insured). Not smart on their part and if things somehow go to court that would definitely go in my favor.
Canyonman---I've only riden a couple high horsepower bikes on test rides (I own a 6500cc bike). Obviously that inexeperience coupled with cold, new tires contributed to my incident.

I remember my first test rides. Both dealers found out my experience, talked to me about the increased horsepower and weight differences. They also mentioned that new tires are not scrubbed in and are slippery for the first couple hundred miles. Also, here in Delaware, both waivers essentially said that I repair myself and they repair the bike if anything happened.

I would love to see your 6500cc bike. Must be a V8 (my Impala SS is a 5700cc V8 with 303 horses). Is yours a BossHoss?

 

[Bounce]

I remember my first test rides. Both dealers found out my experience, talked to me about the increased horsepower and weight differences. They also mentioned that new tires are not scrubbed in and are slippery for the first couple hundred miles. Also, here in Delaware, both waivers essentially said that I repair myself and they repair the bike if anything happened.
I would love to see your 6500cc bike. Must be a V8 (my Impala SS is a 5700cc V8 with 303 horses). Is yours a BossHoss?

if i were the cynical type, i'd say it was almost as if they wanted a test rider to dump the bike so they could force them to buy the slow-seller and get it off their lot.

 

[palerider]

I remember my first test rides. Both dealers found out my experience, talked to me about the increased horsepower and weight differences. They also mentioned that new tires are not scrubbed in and are slippery for the first couple hundred miles. Also, here in Delaware, both waivers essentially said that I repair myself and they repair the bike if anything happened.
I would love to see your 6500cc bike. Must be a V8 (my Impala SS is a 5700cc V8 with 303 horses). Is yours a BossHoss?

if i were the cynical type, i'd say it was almost as if they wanted a test rider to dump the bike so they could force them to buy the slow-seller and get it off their lot.

Huh. Like maybe spraying Armoral or WD40 on the tires before letting it off the lot? Puckers me just to think about it.

:angry:

 

[Tailwalk]

Oops I meant I own a 650cc BMW.....not 6500cc hah, hah!!

IMPORTANT UPDATES

Yamaha customer service said that when bikes are sold at auction, some are sold without warranties and some with. It just depends on the supply/demand, buyer etc.

I talked to the dealer at length today, he really seems like a reasonable nice guy who is not trying to screw me over.....we are just going to have to negotiate this out.

He confirmed that the bike does not have the 1 year manufacture's warranty but it is indeed a new bike purchased from yamaha. He said because there in no 1 year warranty existing on the bike that the option of purchasing a 4 year YES is not possible. BUT, he said that I can get a 2 year YES in this case, through him and he will charge me cost on this if I want to purchase the bike.

In addition, we clarified exactly what his bike purchase offer was.....his intial offer was $12,281. This includes setup, freight, $636 in repairs that he is doing at cost, bike ready to go out the door. Tax and license added brings it to $13,500. (I don't know what his cost for the 2 year YES would be yet, so that would be added to this)

I told him that I've been told that these bikes are selling in the low $10000 out the door with 1 year warranties. He said he was surprised by that and encouraged me to find any local dealer that could offer that sort of deal and get back to him. He told me that he believes he's getting pretty much the best possible deals on these bikes and doesn't see how others could do much better. He also said that if you look at the nation as a whole you will always find exceptional deals here and there depending on how desperate the dealer is or other possible undisclosed issued with the bike.

So if anyone can help me find local WA dealers that can offer better I would greatly appreciate it.

thanks

david

 

[terp84alum]

I think you should list the dealership's name so any prospective buyer can stay away from them. They obviously have deceitful practices. I can't imagine that you knew you were looking at a bike that carried absolutely no warranty before you signed the waiver and went for a test ride. This dealership is sleazy and anyone considering doing business them should be forewarned.

 

[Tailwalk]

I think you should list the dealership's name so any prospective buyer can stay away from them. They obviously have deceitful practices. I can't imagine that you knew you were looking at a bike that carried absolutely no warranty before you signed the waiver and went for a test ride. This dealership is sleazy and anyone considering doing business them should be forewarned.

Before I went on the test I did not know there was no warranty on the bike.....I wasn't planning on purchasing that day, just wanted to do a test ride. I don't know why you think this dealer is sleazy based on what I know so far. But please explain why you feel that way....

Thanks

David

 

[JimNtexas]

I told him that I've been told that these bikes are selling in the low $10000 out the door with 1 year warranties. He said he was surprised by that and encouraged me to find any local dealer that could offer that sort of deal and get back to him.

Action Powersports, Authorized Yamaha dealer in Tulsa OK.

$10795 OTD, on Ebay now, they have 3 left. One year Yamaha 'mechanical' warranty (excludes cosmetic issues).

I bought one of these that is full YES eligible according to Yamaha Customer Service on 11/20/2009.

I can PM you the VIN if you like.

 

[Tailwalk]

I told him that I've been told that these bikes are selling in the low $10000 out the door with 1 year warranties. He said he was surprised by that and encouraged me to find any local dealer that could offer that sort of deal and get back to him.

Action Powersports, Authorized Yamaha dealer in Tulsa OK.

$10795 OTD, on Ebay now, they have 3 left. One year Yamaha 'mechanical' warranty (excludes cosmetic issues).

I bought one of these that is full YES eligible according to Yamaha Customer Service on 11/20/2009.

I can PM you the VIN if you like.

Thanks Jim

Extremely helpful.

 

[terp84alum]

I think you should list the dealership's name so any prospective buyer can stay away from them. They obviously have deceitful practices. I can't imagine that you knew you were looking at a bike that carried absolutely no warranty before you signed the waiver and went for a test ride. This dealership is sleazy and anyone considering doing business them should be forewarned.

Before I went on the test I did not know there was no warranty on the bike.....I wasn't planning on purchasing that day, just wanted to do a test ride. I don't know why you think this dealer is sleazy based on what I know so far. But please explain why you feel that way....

Thanks

David

The fact that he didn't tell you that you were looking at a bike that carried no warranty is sleazy enough for me. Did he tell you that you were looking at an auction bike (which means you were looking at a USED bike)? The salesperson kept vital important information from you. If it were me and the dealer told me that he had a USED bike with no warranty, I would have turned around and walked out the door. In any event, you go back to him and tell him that he need to consider USED bike prices not NEW bike prices for comparison. NEW bikes have warranties while his do not. According to NADA, average retail for a used '08 FJR AE is between $9340 and $12285. NADA also assumes that there is remaining warranty. He's a sleaze bag.

 

[Tailwalk]

I think you should list the dealership's name so any prospective buyer can stay away from them. They obviously have deceitful practices. I can't imagine that you knew you were looking at a bike that carried absolutely no warranty before you signed the waiver and went for a test ride. This dealership is sleazy and anyone considering doing business them should be forewarned.

Before I went on the test I did not know there was no warranty on the bike.....I wasn't planning on purchasing that day, just wanted to do a test ride. I don't know why you think this dealer is sleazy based on what I know so far. But please explain why you feel that way....

Thanks

David

The fact that he didn't tell you that you were looking at a bike that carried no warranty is sleazy enough for me. Did he tell you that you were looking at an auction bike (which means you were looking at a USED bike)? The salesperson kept vital important information from you. If it were me and the dealer told me that he had a USED bike with no warranty, I would have turned around and walked out the door. In any event, you go back to him and tell him that he need to consider USED bike prices not NEW bike prices for comparison. NEW bikes have warranties while his do not. According to NADA, average retail for a used '08 FJR AE is between $9340 and $12285. NADA also assumes that there is remaining warranty. He's a sleaze bag.

This bike is a NEW O8 from purchased from yamaha directly via auction. When I went for the test ride we didn't discuss the bike in detail because all I was doing was test riding it. Later when I asked him if it had a warranty he straight up answered that he purchased this bike from yamaha via an auction and that it did not have a warranty.

 

[palerider]

I think you should list the dealership's name so any prospective buyer can stay away from them. They obviously have deceitful practices. I can't imagine that you knew you were looking at a bike that carried absolutely no warranty before you signed the waiver and went for a test ride. This dealership is sleazy and anyone considering doing business them should be forewarned.

Before I went on the test I did not know there was no warranty on the bike.....I wasn't planning on purchasing that day, just wanted to do a test ride. I don't know why you think this dealer is sleazy based on what I know so far. But please explain why you feel that way....

Thanks

David

The fact that he didn't tell you that you were looking at a bike that carried no warranty is sleazy enough for me. Did he tell you that you were looking at an auction bike (which means you were looking at a USED bike)? The salesperson kept vital important information from you. If it were me and the dealer told me that he had a USED bike with no warranty, I would have turned around and walked out the door. In any event, you go back to him and tell him that he need to consider USED bike prices not NEW bike prices for comparison. NEW bikes have warranties while his do not. According to NADA, average retail for a used '08 FJR AE is between $9340 and $12285. NADA also assumes that there is remaining warranty. He's a sleaze bag.

This bike is a NEW O8 from purchased from yamaha directly via auction. When I went for the test ride we didn't discuss the bike in detail because all I was doing was test riding it. Later when I asked him if it had a warranty he straight up answered that he purchased this bike from yamaha via an auction and that it did not have a warranty.

Everything else aside, it should be illegal to sell a new vehicle without the same warranty carried by every other new vehicle of that make and model.

 

[terp84alum]

No. The bike is legally a used bike. Call Yamaha back and they will confirm it. I've seen this in the automobile industry.