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Discussion Starter · #1 ·
Okay check this...

The Good:
A couple weeks ago, I bought an 01' R6 for $5700. This bike has all kinds of extras... High mount exhaust, Vortex rear sets, intergrated (rear) turn signals, flush (front) turn signals, 520 chain conversion, R1 front end, fender eliminator... :mrgreen:

The Bad:
All this with just a few minor scratches. A brand new sub frame (due to some accident). Also, after I bought the bike, and as I rode her home, I noticed the speedo was off, going with the flow of traffic and the speedo states I'm doing about a 100mph. (I bought a speedo healer to fix this). Two different keys (1) for the ignition and (2) for the rear compartment. Not too bad so far... :roll:

The Ugly:
Once I got home, I noticed a little leak... I took her in to a Yamaha dealership, to inspect the leak and give her a full tune-up, just so I know she is in top condition before I ride. (Riding a bike is dangerous enough, let alone some mechanical problems possibly endangering my life.) The mechanic gives me a call and says the bike is garbage. The crankcase assembly was welded together (which is not the proper fix for such damage). Metal filings through out the engine... The worst part of it all, to fix this problem to safe operating condition, is going to cost me $3,500 more than 1/2 of what I paid for the bike. I ask the mechanic how much he thinks the bike is worth, and he said no more than $1,500. :twisted:

Doing the math; 5700+3500=$9200 (a new R6?)

What do you think:
Should I be able to return the bike to the private seller for a refund?
:cheers
Have them pay for hidden defects?
Small claims court? :hammer
Am I just screwed? :hump

I would really appreciate your .02!
 

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dude that freaking sucks!!! You would probably lose the small claims case. Unless you can prove some how that the person that sold you the bike knew of all the defects and sold it to you maliciously. If you could win you would only get the difference of what you paid vs. what the mechanic said it is worth. The biggest problem is that when you buy it is usually sold AS IS. So unless you have something that shows that the seller promised that the bike was in good running condition then you probably don't have much of a case. Which totally blows the llama cock. In hind sight you should have taken the bike to a dealer to get checked out before you bought the bike. Most dealers will do general check over a bike for free (it promotes business for them if they do anyways). Most motorcycle mechanics only have to ride a bike around the block to tell if a bike is worth a damn or not. If they do charge something have the seller pay for it; it is a show of good faith that you are intrested and that they aren't hiding anything. Never bye a bike when the seller refuses a request to get a bike checked out people are too shady now a days

You should make some attempt to contact the seller and try to get you money back. They may not have know about the problems and may fear getting sued. Then you could get a reliable bike or shell out for a brand new worry free Warranteed bike that will help you sleep at night. If the guy wont work with you it might be worth it to you to sue the pants (or 5700 dollar) off the seller. It just might be hard to win the case (trust me it steams my ass scamers screwing the every day Joe out of his hard earned cash)

If those options don't work out then I would think of it like this. 3,500 dollars is a ton of money to shell out into a bike that will probably have many more problems. If you can afford it get a new worry free bike and cut you losses.

I hope this helps dude. Let us know what happens.
 

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One more thing to add to my earlier rant. If I were in the jury I would send down a guilty verdict! That Bastard that sold you that pile needs to burn!!! Unfortunately those strong comments would probably get me thrown off the jury quick as well.

Good Luck
 

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I agree with Desert eagle. One thing you might consider, is you could get more money from the bike selling it to a race team somewhere. Tell them the engine is trash up front, and what happened to you. THey should be willing to pay more than 1500 for the bike even without an engine.

Really sorry to hear you got hosed. Threaten the guys vehicles and house for more than 6k worth of damage, and maybe he'll buy it back from you........ :twisted:
 

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Discussion Starter · #8 ·
deserteaglepoint50 said:
dude that freaking sucks!!! You would probably lose the small claims case. Unless you can prove some how that the person that sold you the bike knew of all the defects and sold it to you maliciously.
This would be the difficult part of the case... basicaly its his word against mine.

-The Motor Vehicle Bill of Sale states, "Seller has no knowledge of any hidden defects in and to the Vehicle, and believes to the best of the Seller's knowledge that the Vehicle being sold is in good operating condition."

-I talked to him on the phone and he claims he had told me about the engine being welded together. He also said before he sold it to me he was riding it around town just fine.

The engine runs... except for the fact that the welds is leaking oil all over my rear tire, and leaving the cylinders dry in the mean time, "Good operating condition" (on a corner)? I think not...

I was given the impression that the bike had been properly fixed. After all, the aesthetics of the bike was done properly, (OEM 'Champion Edition' plastics not Shark Skins or anything)...

I know... "Don't judge a book by it's cover." Although I'm no mechanic, I don't know how to read signs of engine damage. I bought the bike under good faith to the seller that it was fixed and safe to ride.
 

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To my knowledge the only way you have anything is if he knew there was the damage there and didn't disclose it. If you can get something on tape/written from him where he f's up and says he knew, I think you will be in a lot better position then you were previous.
 

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LEMON LAW! Look it up. Different for each state. Here's what it says for Massachusetts.

Chapter 90: Section 7N.
Voiding contracts of sale.
Section 7N.
Notwithstanding any disclaimer of warranty, a motor vehicle contract of sale may be voided by the buyer if the motor vehicle fails to pass, within seven days from the date of such sale, the periodic staggered inspection at an inspection station licensed pursuant to section seven W; provided, that the defects which are the reasons for the failure to issue a certificate of inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale; and provided, further, that the cost of repairs necessary to permit the issuance of a certificate of inspection exceeds ten per cent of the purchase price of the motor vehicle.

In order to void a motor vehicle sale under this section the buyer shall, within fourteen days from the date of sale, notify the seller of his intention to do so, deliver the motor vehicle to the seller, provide the seller with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs. The buyer shall be entitled to a refund of his purchase price unless the buyer and seller agree in writing that the seller may make the necessary repairs at his own cost and expense within a reasonable period of time thereafter. This section shall apply only to motor vehicles purchased for the immediate personal or family use of the buyer.

http://www.lemonlawamerica.com/state_laws/index.htm
 

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Living in Boston, I also have several friends that are lawyers. I'm sure I could ask them to look up the Lemon Law legislation in your state. Just PM me and I can get it if you want.
 

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Discussion Starter · #18 ·
I recommend when buying a used bike you have the seller remove the fairings so you can check the engine. (Just like you pop the hood of a car.) I had to learn that the hard way.

I didn't cause I assumed everything was fixed correctly, just like the exterior was done, almost flawless w/ minor scratches. These guys build airplanes in their garage. You couldn't fly an airplane with a half-assed engine re-build the same goes for motorcycles.

Personally, I would rather skimp on the body work and skip all the mods and have a flawless engine.

Someone once said to me...
"When you assume, you make an ASS of U and ME."
 

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drhodes said:
Sorry about your bad luck! I have no clue as to you should do.

This is another reason why I did not buy a used bike.
:stupic j/k :cheers

Actually, I bought mind used but it came from someone I knew.

Good luck on whatever action you decide to take.
 
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