Need advice fast

[LightCycle]

Good Evening All,

I need some advice quick.

I purchased a 2006 Busa from a local dealer in town, and traded in my 03 Gixer 600 on 31 March 06. This is the fourth bike I’ve purchased from this dealer since 1997. The dealer has handled the financing on all four bikes no issues in the past.

The issue:
I get a bill from the finance company of my trade in (03 Gixxer 600) and they say I’m a month past due. A bill was due on 09 April and this bill is due 09 May. So I call the finance company and say the dealer paid the bike off as a trade and I bought a new one. The finance company tell me no such thing happened, I am now 15 days past due.

I call the dealer at once and ask what the heck has happened. Finance lady say’s she doesn’t now and will give me a call back. When she calls back she tells me that a mistake has been made with the pay-off amount of my trade in and I owe the balance which is $1000.00. I of course replied that “you guys†being the dealer arranged the financing, called for the pay-off and made the deal with me. Her reply was that yes, a mistake was made, and how would I like to pay. She say’s that I can either pay by cash or credit card, or they can rewrite the contract and finance the extra $1000.00. Of course I say that’s not acceptable and that I shouldn’t have to eat their mistake. So she sits their and waits silently, and comes back with…. How would I like to pay. So I tell her that I don’t and the dealer should bump up the trade in value of my old bike to cover their loss… which her reply was that I got fair market value for my trade in… and how would I like to pay. I had even told her that they gave me the pay off amount which effected my decision to make the deal with them and she came back saying that they only gave me an estimate of what the pay off would be…. Which is not what they said at the time…. They said the pay-off is…… again… I told her that it’s not fair that I eat their mistake.

What do you guy’s think? Help Please.

 

[STUNNAH]

I haven't purchased a bike in awhile but you should have something in writing like a bill of sale that should have all the numbers on it...I agree that I would not absorb their mistake...Get your papers in order an make a visit to the dealership...Hope you can get this worked out...

 

[MC MUSTANG]

Okay,
I don't know anything about dealerships...Ted Biele or Revlis would be good to answer this but...
Look at your contract and see what the numbers are. Look for any fine print on the trade-in. I think you are on the right path by asking what they are going to do to make it right. I would stop mesing with her and I would contact the sales manager directly. Tell them you would rather bring the bike back and see what they say. If I were you, I would ride the bike to the dealership.... and be ready to drop it off.
Is this the same Woodbridge Powersports that is on the way to Potomac Mills? I had a lot of problems with them when I was getting my ZX-11 repair work done in 98.
Hope things work out for you....

 

[bigoltool]

Get everything in writing! Ambiguity is a dealers (or any salesperson for that matter) best freind.

 

[mzrsq]

I know I wouldn't pay $1000.00 for a bike I no longer had in my possesion. Other than screwing with your credit short-term, they will need to correct the problem cause they cannot sell your trade-in until it's payed in full and the lien holder releases the title. It's certaintly their fault, and under the circumstances you would have every right to return the Busa, now used, and end the contract riding away on your old ride. So how much is an 06 Used Busa worth

As far as I can see, the balls is in your court, just going to take alot of arguing.

 

[BusaWhipped]

I had this happen with a car. You made the mistake, as did I. You need to contact the bank yourself and know what your payoff is before going to the dealership. I think it is shady dealing on thier part. I know the salesman who sold me the car intensionally understated the payoff value to boost his commission.

You are responsible for paying off the loan. Not paying off the $1,000 balance will hurt your credit, so don't mess around with it. You can try to get the money back from the dealership, but will probably have to go to court to do it.

 

[Smoke777]

They should have a write off and you signed it saying how much it costs for the bike and your trade in value...I've traded in 3 bikes already......it's in writing somewhere trust me. They can't take back how much they said they would give you for it.

 

[racerV]

Give us specifics, trade in value, purchase value, etc. I would take it back and tell them to shove it up thier azz. Put a bunch of miles on it 1st so they have to take a hit.

 

[LightCycle]

Give us specifics, trade in value, purchase value, etc. [/QUOTE]

Finance Co says the pay-off on my trade was $6500.
Dealer say's the pay-off on my trade was $5500.
Dealer gave me $4500 and I rolled $1000 over on the Busa.

Now dealer say's I need another $1000 to pay off the trade.

All over the paperwork it states $5500.

Called Finance Co this evening and they confirmed $6500.

MC Mustang
Is this the same Woodbridge Powersports that is on the way to Potomac Mills?[/QUOTE]

Same dealer. Never had a problem with them before.

Thanks guys for the responses.

 

[racerV]

what was the purchase price?

 

[STUNNAH]

By my calculations that's 2k off...

If that gave you what they said was pay off why did you end up putting 1k toward the busa???

 

[racerV]

exactly 1k off was not a mistake.

 

[LightCycle]

If that gave you what they said was pay off why did you end up putting 1k toward the busa??? [/QUOTE]

Well... dealer said I was a grand in the hole from what the pay-off was to what they would give me for a trade in.
5500 pay-off - 4500 trade-in = 1000 in the hole.
So I rolled that thousand over on the bike.

Bike was MSRP - 11099 I think + the 1000 rolled over = 12,099.

BUT
Now dealer says that I was actually 2000 in the hole on the trade in because the actual pay-off was 6500 not 5500. So dealer is asking for that 1000 to be paid to release the title from the finance company.

My contract with dealer does say the pay-off was 5500. But they are the ones that got the pay-off from the finance company when the drew up the paperwork. The dealer handled all the paperwork with the last three bikes from pay-off's to financing the new bike.

They either made an honest mistake with the amount, or it was malicious to drive down the overall cost of the bike. Either way, they want me to eat the difference.

Thanks again for the responses.

 

[racerV]

I know for a fact they can sell that bike for $10500 OTD including taxes and still make a small profit. They slammed you to get the deal done and make money. If I was you, I would give them the option of splitting the difference with you or take the bike back. If your bike was financed through suzuki credit, they can see on the computer what your pay off was. They are being dishonest and made a bad deal. Make sure you call your finance company and let them know what is happening. If you were never late on a payment, they will reverse the charges. You may need to make this payment though.

 

[LightCycle]

That's what I was think racerV. Thanks bro, I appreciate it. I knew I was paying more than most for this bike, but I just wasn't happy with the 600 anymore, got a pay raise, the wife got tired of me lurking on hayabusa.org

and took me down to the dealer. I've wanted a Busa for so long, even before I bought my 600 at the end of 2002, but felt that I needed some time on something better befitting my experience level.

Thanks again for all the input folks. I sure wish I would have seen this coming. It must be the lights and gleen from row upon row of beautiful mechanical marvels in those dealers that makes common sense drunk with lust.

 

[TheDude27]

exactly 1k off was not a mistake.

I guess it depends on exactly where the mistake was made. I'm not completey sure I'm following all the details here.  If they misquoted your payoff, I'd say that was your responsibility (I mean not really like you were negligent but you are responsible for paying off your bike whether or not the dealer wrote the number down correctly or not).  

They would be paying my late fee, since they were supposed to pay the bike off and they didnt.  They made the mistake there, and didnt happen to mention it to you.  I'd raise holy f*cking hell over that no matter wether or not you go through with the deal or not. I would also call the bank and tell them what happend and to remove all traces of that from your credit history(you need to do this part so you can make sure it gets done).

Maybe the dealer will discount your bike a few hundred or so for their mistake (what did you pay for the bike? Go to cycle cost and get the actual cost and you know what you have to negotiate with). They don't have any financial obligation to do that, but it probably makes good business sense for them.


The convo would go something like this: "Look, you guys screwed my $hit up. I'm assuming you didn't do that to try to pull a fast on me and that it was an honest mistake. I understand typeos happen and such and I dont expect you to pay the bike off for me.  HOWEVER, 1) You set my expectations that it would cost X and now it costs Y, 2) on top of that you made my payment late since nobody told me there was a problem until the bank called me. Now I have to deal with the bank and my credit.
 I know that Busa costs $XXXX from the dealer and setup is $XXX (all this info is on cycle cost) and your making  XXXX profit on me. If you want me to continue with this why dont you drop (a fair amount) off the price of the bike?



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[TheDude27]

Check your PM lightcycle.

 

[TheDude27]

I know for a fact they can sell that bike for $10500 OTD including taxes and still make a small profit.  They slammed you to get the deal done and make money.  If I was you, I would give them the option of splitting the difference with you or take the bike back.  If your bike was financed through suzuki credit, they can see on the computer what your pay off was.  They are being dishonest and made a bad deal.  Make sure you call your finance company and let them know what is happening.  If you were never late on a payment, they will reverse the charges.  You may need to make this payment though.

lol, posted the same thing as you albeit a bit more verbose

 

[TIMMYDUCK]

Sounds like a good time to call a lawyer time.
You can prove damages already.
There negligance is actionable in a lot of ways.

 

[MoosesBusa]

Spend $100 with an attorney and have him make the call for you. Chances are that will end it right then and there. When he calls they will know the attorney makes his money going to court. They will then need to contact their lawyer and go to court as well. They'll do the right thing to you just to cover their butts and save some money. BUT if this is in fact a scam they've run for a while and know they've done their shady paperwork correctly, You're in deep doo doo. best bet is to return Busa and ride to dealership "B" on your 600 and start over.