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ok heres the story... ive been tryin to talk my buddy at work into gettin a harley for months.. well he finds this chopper on ebay.. 91 EVO BASED HARDTAIL... looks good.. priced good (5500.00).. its located 9 hours away ..we talk to the guy on the phone several times, he says its good to go "a fun bike".. so we head down and check it out.. it looks great... dude hits the key and it purrs like a kitten, lots quieter than my twin cam.. wont let us test drive it cuz he says no insurance.. but the guy "seemed" up standing about it .. so we get the bike and head back to home.. well after a good running when we get home we notice oil coming from the sprocket shaft under the primary.. call the guy and he says probally just a seal and even offers to send us one... we go to a local indy and have the seal changed.. same thing.. 3 miles down the road leaking again... turns out, during these years87-91 evos had a problem of leaking around the steel insert in the case where the sprocket shaft comes thru... there is no fix other than new cases, very exspensive, heck we can get a new motor from harley (engine rebuild program)for almost the same cost..
i dont know what to do.. i feel bad ,my buddy spent every penny he had on the bike, wich runs great as long as you keep the oil full.. its messy though. the open primary gets drenched and makes a mess of that whole side of the bike...
i think even if we had harley rebuild the engine, at 2grand ihe would still have a pretty good deal with 7500 invested... but we do feel kinda duped by the guy.. he had to have known the cases were bad.. so my question is:
what would you do???? thanks guys!!
I can see why you and your bud would be mad. It does sound like the guy was a little dishonest about it. I'm sure he knew it was bad. I doubt it went bad in 4 miles, after changing owners.
Since its used and was bought privately (?), you could try to get the guy to make it right. Maybe pay half the cost (1,000) towards rebuild. Not sure what your legal options are. How can you engage the lemon law on a private sale?
Did you print and sign an automotive bill of sale? What verbiage was on it, if you did?
If "as is" is on the bill of sale, it may be pretty hard. Check with your state's "prior knowledge" or 'lemon law' it may help.
I would however try to communicate to the guy, that it would be appreciated if there was a shared cost in the fixing of the motor. Otherwise you would deem this to be a 'pre-existing condition', and get a shop to verify the extent of the leak....'cause something that bad, doesn't just happen.... and continue to press the issue with data to back you up.
The next thing to say, and it may feel like salt in the wound, but do not: I repeat do not buy a bike that you are not given the chance to do at least 30minutes in the seat on the road. That's just my personal opinion....
I agree, no way he didn't know. If he is not an out and out crook he may offer something to make it good. If not, talk to a lawyer if you know one. A letter from the attorney may shake out some money. Maybe small claims court. Best of luck.
Agreed check the lemon law and see if it will help. I would guess the reason he didn't want you test driving it was not because of insurance (there is a bond issue where you have to return the bike in the same condition you received it less normal wear and tear otherwise you are libel for total cost of repairs), rather I bet he knew you would see the leak and not go through with the deal. If that was the case then he probably isn't going to be too keen on giving you anything. It doesn't hurt to try. I would go that route first and if no luck and you bought it through ebay leave negative feedback.
I'm not sure how the laws work down there but up here we have the consumer protection act. If a private seller doesn't warn you about a major defect he is liable! He bald faced lied to you,and I hate to say it but, so far he has laughed his way straight to the bank and off to the local bar from there! Oh wait he sent you a gasket? I hate to act all tough over the internet here, but it sounds like you and your buddy should have words with that guy.
If it is just leaking and not a potential for major failure maybe clean it up real good and use some good epoxy around the area where the sleeve is. I don't know what it looks like in there but it might buy him some time to save and fix it right.
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