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Old 09-28-2011, 09:11 AM   #1
cjlucas78
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Need opinions on bike purchase

I recently purchased a 2007 R6 from a local private dealer (Rush Motorsports, an official business and all) for $4100, total of $4332.64 ttl. The guy delivered it to me last thursday (9/22) around 7pm. I took the bike out and started to hear a knocking sound so I parked it (after putting a total of 12 miles on it). After looking more at the bike it ended up being a quart low on oil as well. The next day I called the guy and he said I was out of luck and he couldn't do anything. The bike was taken to a local dealership on friday (9/23). I got the repair quote yesterday to find out the repairs will cost more than what I purchased the bike for. The quote has a long list of needed repairs including a transmission and motor rebuild. So, basically I paid cash for a bike that I rode 12 miles and had in my possession for around 12 hours. The guy I got this bike from has 6 bikes up for sale right now on the local Craigslist as well, so it isn't like he only sells one or two bikes here and there. There is also a descrepancy on the Invoice, he has the tax listed as $93.75 on $4100. The bill of sale says $1500 purchase (to lower the total taxes) and my Deposit invoice says the actual sale price of $4100, he signed and dated both papers.

PLEASE, I NEED HELP ON WHAT TO DO
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Old 09-28-2011, 09:17 AM   #2
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all sales final, no warranty, buyer beware? could possibly bone the dealer by calling the state saying he's a tax cheat.
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Old 09-28-2011, 09:18 AM   #3
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He is a flipper. You got fugged. A motor and tranny rebuild likely wouldnt cost half that. It sucks you bought a bike without having it checked out better.
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Old 09-28-2011, 09:20 AM   #4
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I would like to know what the stealership quoted. What exactly are they saying is wrong? Can you describe the knocking noise better?
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Old 09-28-2011, 09:21 AM   #5
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Quote:
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all sales final, no warranty, buyer beware? could possibly bone the dealer by calling the state saying he's a tax cheat.
The tax cheat would def be a direction to go to make him make it right, otherwise he could lose his ability to do business.
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Old 09-28-2011, 09:26 AM   #6
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Quote:
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I would like to know what the stealership quoted. What exactly are they saying is wrong? Can you describe the knocking noise better?
This is what the mechanic wrote on the quote:

The knock is coming from the inside of the transmission. I need to teardown the motor to get a complete diagnostic.

The oil pump has excessive play in it, and needs to be replaced, the oil pump drive chain is kinked and needs to be replaced as well.

The clutch is warn, the clutch plate needs to be replaced and the metals are warped and have serious abrasions on them.
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Old 09-28-2011, 09:30 AM   #7
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Unless you can prove he guaranteed some type of warranty, you're not getting your money back.

As far as the tax fraud you could contact the county tax office.

Before you buy another used bike, take it to Motorcycles Unlimited and have it inspected first. If the seller is not willing to allow that, move on.
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Old 09-28-2011, 09:30 AM   #8
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I would start with the clutch. It should be less than 200 in parts to replace the fibers and steel plates. The noise could just be coming from chatter. Did you not test ride the bike at all?
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Old 09-28-2011, 09:31 AM   #9
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don't fix it, get legal representation. There is such thing as the deceptive trades act, and if he failed to disclose information that would have otherwise prevented you from purchasing it then you have a case against him, but you can't drag on it, get on the phone NOW.
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Old 09-28-2011, 09:35 AM   #10
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Threaten blast him on CL ads if you see him posting there
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Old 09-28-2011, 09:38 AM   #11
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Old 09-28-2011, 09:44 AM   #12
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Quote:
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For 4k it wouldnt be worth the time or money.
DTPA suits are fairly cheap because attorney's fees are separated from the plaintiff's recovery most of the time. Contact an attorney, you might have a good case because the seller operates as a business.
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Old 09-28-2011, 09:49 AM   #13
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Old 09-28-2011, 09:52 AM   #14
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Used vehicle sales are "as is" unless the seller promises a warranty, period. If you don't have it in writing you're pretty much
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Old 09-28-2011, 09:58 AM   #15
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Under the DTPA the lack of warranty isn't a bar to suit. The seller's misrepresentation would be sufficient.
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Old 09-28-2011, 09:58 AM   #16
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Do you have a link to his CL add or a number? Name of a company? /his name?
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Old 09-28-2011, 09:59 AM   #17
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You can listen to all the bad advice large font or not, or you can make a phone call and find out for yourself. No one here is going to give a about this as much as you do, so it's easy for them to give advice and tell you that you're , and to just get over it.
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Old 09-28-2011, 09:59 AM   #18
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Quote:
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Under the DTPA the lack of warranty isn't a bar to suit. The seller's misrepresentation would be sufficient.
And what's the misrepresentation here? You realize that damages under $10,000 are handled in small claims court, right?
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Old 09-28-2011, 10:02 AM   #19
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The concept of "as is" and "no warranty" only protects you to the limits that you inform your buyer of any problems that YOU can be legally expected to be aware of. And severe engine noise and poor drivability have time and again been shown to be things the seller SHOULD BE AWARE OF in many courts of Law.

People who think saying "as is" and "no warranty" gives them some kind of Umbrella protection against being piece of scumbags and peddling damaged goods behind a veil of ignorance are pathetic scum, barely above common thieves.
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Old 09-28-2011, 10:04 AM   #20
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Quote:
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You can listen to all the bad advice large font or not, or you can make a phone call and find out for yourself. No one here is going to give a about this as much as you do, so it's easy for them to give advice and tell you that you're , and to just get over it.
So you're saying a used vehicle sale without a warranty is not a "as is" sale?
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