2008 Hayabusa

[Suijuris]

Well; dont know the full situation; but you are in the states--- WE HAVE A BUYER REMORSE LAW!!! Buyers remorse is basically within a 3 day window( I dont think that includes weekends. If you asked for it back--REGARDLESS of a signature, within the 3 day period, you got em cold.

 

[BlueHaya]

Well; dont know the full situation; but you are in the states--- WE HAVE A BUYER REMORSE LAW!!! Buyers remorse is basically within a 3 day window( I dont think that includes weekends. If you asked for it back--REGARDLESS of a signature, within the 3 day period, you got em cold.

...and yet another reason to love Texas

 

[TruWrecks]

If the deposit was placed on any vehicle, the receipt for the deposit doesn't say "non-refundable" anywhere, and you didn't accept delivery on a vehicle, you have a case to get your money back. Check you receipt very carefully. If there is no "non-refundable" statement, talk to the owner. Go to a lawyer if the owner doesn't want to help.

If you take the 07 RR it will be worth about $2000 less because nobody will pay you for full price for a "used" motorcycle.

 

[BusaWizard]

You have three business days to cancel a contract.

 

[GSXcite]

You have three business days to cancel a contract.

I think he said he placed the deposit on the bike in May of this year for delivery in November. In Mo. and Ks., you have 3 days to cancel a contract only if a salesperson comes to your home to sell you something. At any rate, I would think the dealer would do the right thing if you took it to the owner.

 

[kennym4]

Good luck !! Whatever you do, DON"T take the RR, and try trading it in, like allready said, you'll take a beating !!!

 

[HiYaBruceA]

It seems to me that if you signed a sales contract for a bike, spurning the ones on the dealer floor, the dealer either placed an order and paid his cost on your behalf, or reserved an already incoming bike for you (though the lengthy time period doesn't suggest this), thus providing consideration under the contract. As corresponding consideration you must either take delivery of the bike ordered or reserved, or forfeit your deposit. And I'm also thinking that since you signed a sales contract, the amount you put down isn't a deposit, but a partial payment.

The absence of a VIN when you signed the contract isn't an issue. If the bike is ordered no one knows the VIN at time of contract; the VIN may not even be known if it's a stock bike for floor delivery, though I don't understand why any of this took so long.

However, since you ordered the bike in May and it's now November, if your sales contract has a time limit within which the dealer must provide the bike and that time limit has expired, you may have a case.

Also, forget about getting the charges on your CC reversed. Credit card companies do not get involved in legal disputes, only blatent cases where a charge is made and the product or service is never provided.

How much money do you have at risk here, and are you telling the whole story? The May to November timeline seems irregular.

 

[Vic_E55_2001]

Why did you put deposit on something readily available elsewhere?

It is always cheaper if they have it on the floor.

 

[Mr Bogus]

Now just how much deposit did you put down on a bike?

I am not sure I understand why the dealer is giving you a bad time yet unless of course they "held" or special ordered the bike for you.

As this was on 07 bike, a December delivery is odd as the 08 bikes are normally out by mid September. If the dealer held the bike for you or ordered it, then they are going to have a tough time dumping the bike unless they discount it and that will cost them the sale of perhaps an 08 model (read lost profit)

The wording of the contract you signed is going to make all the difference (or any notes on the receipt for the deposit you made)

 

[el stumpo]

I'm leaning with HiyaBruceA

What does the contract say for delivery? Is it past their due date - if so, that may be an out for you (they failed to live up to their part of the contract).

What does the contract say - is it a deposit? Money to hold? A partial payment?

Find out their exact reasons for not wanting to give you the money back. Is delivery date still in the future? They can still get you the bike? Did you customize the bike in some way?

If they had a few sitting on the floor, the probably don't want another one coming in to sit with them.

If they are also a Zuke dealer, I'm surprised they don't let you move the deposit.

You'll need to provide more info.

One point I will disagree with HiyaBruceA on though is the credit card reversal. Try to resolve the issue. Let the dealer know you will reverse the charge (it is a black mark against them if you do). Find out what their reason is. If they are being jerks and just don't want to give you the money back - call your credit card company.

If they have a good reason not to give it back to you (somewhere in the contact it says you purchased the bike and this is partial payment), it says no refunds, they still have time to deliver, or other legal option. You'll need an attorney or try your luck in small claims.

Remember - the whole reason for deposits is so you don't back out like you are trying to do now....

 

[Mr Bogus]

<div class="iF-Passage"><div class="QUOTEHEAD">Quote:[/Quote]<div class="QUOTE clearfix"><span class="quoteBegin"> </span>
Remember - the whole reason for deposits is so you don't back out like you are trying to do now....[/quote]
as a retailer I would say a deposit is more for the consumers benefit... the deposit works against the retailer.. If I have one product for sale and someone comes in and wants it, they put a deposit down to hold it.

Person 2 comes in and wants it and I can not sell the thing. Person 2 has cash in hand.... I would really rather have the sale than the $100 or so dollars the first guy put down.

 

[HiYaBruceA]

In my experience credit card companies will not reverse a vendor charge based on a customer's demand. You have to contest a charge, which the CC company then presents to the vendor. And it has to be a case as simple as "Did you provide the product or service?" Gray areas of product/service quality are not considered. Here's what happened to me:

I had a dealer change a flat rear tire on my busa; they did such a crap job on the installation that by the time I rode it home the tire was cranked to the chain side because the plate had been installed backward and the set screw slipped. I took the bike to my dealer, who laughed at the shoddy work, and re-did it correctly.

I called the CC company and contested the bad dealer's installation charge. The CC company doesn't reverse the charge; they put it on hold until they hear the vendor's side of the story. They contact the vendor who then pleads his case. In my instance the bad dealer said that they installed the tire, which they did, but badly, and have a right to the charge. End of story. I had to pay.

 

[Mr Bogus]

Your experience with the bad repair is a common one. But also a completely different issue.

The law is pretty clear in most states about this. Arizona states something close to this...

If you have your vehicle repaired and the repair is unsatisfactory, the shop has the right to rectify the situation and costs incurred by towing etc. Some states actually give the shop twice.. Having been in the auto repair biz for about 25 years, you see all kinds and nobody is perfect (although I expect my bike mechanic/technician to be near perfect) They do have off days or make mistakes. As long as they fixed it and any resulting damage without a lawsuit, you are good.

I had one brush with this law from a mustang owner in about 1995. I did a gear change in the car for him and for some reason it spalled a pinion bearing and he simply took it to another shop and had them tear it down and see what was wrong rather than bring it back to the shop. This guy did not even bother to call us and tell us the situation or we would have had the car towed back and inspected. IF we had done this inspection we would have found the bearing failure and warrantied the thing (I think it was likely my fault, I either did not lube it correctly on assy or I had too much preload on the bearing (they set at about 14 inch pounds). So he took us to court on the second repair and the court threw it out on this statute...

too bad for him but he should brought it back to us first. You did the correct thing returning to the and letting them fix it... why would you expect them to refund your money? they did the work and made it good. Sorry for the trouble, maybe a discount on your next oil change or something but I would not expect them to give away a repair because of a problem.

 

[GIXERHP]

Contact your bank, they will reverse the charges.

+1

 

[gaeducator]

The agreement states that it is a deposit. When i placed the deposit down, I told the sales person of the time frame, when I wanted to pick up the bike. As far as 08's Honda don't normally release their 08' until March or April, so he is not stuck with a bike that he can't sell. Also they are now selling the bike for $8999 (07). They told me last month that the one they have on the sales floor is the last 07 that they will be getting. Sure that sounds like BS. They just sold their last 06(1000RR) in July of this year. I have considered running an ad in the newspaper listing the bike and selling for around $9700.I would probably have to eat the sales tax.  That would still be $800 cheaper than if they purchased it from them.

Also I have not seen any 08 1000RR on the showroom floor. This is Novemeber. We won't see them until Late Feb or early March. The 1000RR's are not selling in that quantity, whereas they are hard to find. These bikes are readily available 6-8 months after the next years models are released.

 

[Cblast]

Wait a minute, you are thinking of running an ad for a bike that you do not have in your possesion? Has the world gone mad? Go get your freakin money back! I am not trying to be sarcastic, I am on your side, go tell them give me my money back now or give it to my lawyer in a couple of days! Either way let them know that the add in the local paper describing their tactics will be run unless you get your deposit back. they can only bend you over if you let them.

 

[05 Busa LE]

Speak with a lawyer as soon as you can, and before you talk to anyone else. It'll cost a few hundred to have him or her look at the contract and the applicable laws, and then you'll be able to make an informed decision.

 

[cosmo]

Well; dont know the full situation; but you are in the states--- WE HAVE A BUYER REMORSE LAW!!! Buyers remorse is basically within a 3 day window( I dont think that includes weekends. If you asked for it back--REGARDLESS of a signature, within the 3 day period, you got em cold.

Consumer protection laws vary greatly from state-to-state and you'll have to investigate the GA laws. I could be wrong but I believe that here in CA the buyers remorse laws DO NOT apply to autos or real estate.
On the other hand your saving grace may be your credit card companies willingness to reverse a charge for an undelivered product or service simply because they are governed by federal interstate commerce law. Just my $0.02.

 

[Bo_]

Ga Educator, can you share with us how much money you are talking about, how much did you put down as a deposit? If you are talking about say $500, I bet you could just eat that and go tell the story to the Busa dealer and he would probably knock that off the new Busa price, the dealer that sold me mine dropped the price from $11,999 to $10,999 before we even started dealing on trade-ins etc. Dealers have built in incentives from the factories to move as many bikes as possible, sometimes they will deal just to keep there numbers up and keep rolling them off the floor. Dealers order their next year stock at the shows in june-july, the bikes show up anywhere from late fall to early spring, sometimes they have barely received one model year inventory before having to order the next year's bikes.

 

[HiYaBruceA]

Ga Educator, can you share with us how much money you are talking about, how much did you put down as a deposit? If you are talking about say $500, I bet you could just eat that and go tell the story to the Busa dealer and he would probably knock that off the new Busa price, the dealer that sold me mine dropped the price from $11,999 to $10,999 before we even started dealing on trade-ins etc. Dealers have built in incentives from the factories to move as many bikes as possible, sometimes they will deal just to keep there numbers up and keep rolling them off the floor. Dealers order their next year stock at the shows in june-july, the bikes show up anywhere from late fall to early spring, sometimes they have barely received one model year inventory before having to order the next year's bikes.

Amen Bo. I asked Gaeducator how much he had at risk earlier, but as yet he hasn't responded. Seems like the story gets more complicated every time he dribbles a little more info at us. I wash my hands of it and endorse your practical solution of walking away and trying to recover whatever he can from a Suzuki dealer who wants the goodwill.