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Backing out of Harley dealership deal

 
  #1  
Old 05-19-2019, 09:58 AM
SJT
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Smile Backing out of Harley dealership deal

I found the '86 FXWD (Not a Dyna) in the images below at the local Harley shop for $6495. The bike appears to be well kept and starts easy with the kick-start, but it had some issues. when making the deal the H.D. dealer/shop agreed to repair the following:

Rocker gasket showing
Base leaks
Primary flash transfer leak
Fuel crossover routed incorrectly
Dipstick coming apart
Front Brake light inoperable
High beam indicator inoperable
Both tires Michelin

All the above was completed with the exception of the gaskets and it is still leaking oil. They told me it would be an additional $900 to have base gasket work performed but it wasn't pertinent because the seepage was minimal. I disagree because containing oil in the engine for circulation is vital for longevity and reliability of any piece of equipment.

The deal was worked $6500 for the bike with me trading in a truck for a $3k down payment and the remaining $3600 financed through H.D. financial services. I have not given them the truck. I did give them the title for the truck I was using for down payment, but once I found out they were not sticking to their agreement on the repairs I filed for a lost title and was immediately issued a duplicate and the prior title was void. I have never ridden the bike or left their property with it. I have however already received mail from H.D. Finance. (See below).

They did "throw-in" a helmet and shirts but I haven't used either. Is this deal done or can I back out since I've never had the vehicle "curbside?" I have been told there is a concept in contract law known as "consideration." The basic idea is that two parties (Myself and H.D.) can only have a valid contract if something is exchanged. If an individual agrees to purchase property, sign paperwork, etc- but never then takes possession of aforementioned property that said individual could argue the contract was never actually executed.

I have been led to believe that since an exchange has not taken place the contract is not legally executed and is null/void.

Thanks for reading my book. I want the bike as we agreed but since they are backing out of the mechanical work is this a done deal or can I back out of the sale? Any advice is much appreciated.





 

Last edited by SJT; 05-19-2019 at 10:28 AM.
  #2  
Old 05-19-2019, 10:22 AM
71on72
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Delete the picture of HH Finance letter. It has your name and address. Never put that on public website
 
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Old 05-19-2019, 10:29 AM
SJT
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Not sure how. It's vacant land anyway.. Its just where I receive my mail until I can build something livable.
 
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Old 05-19-2019, 10:32 AM
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^That.

And, does the sales contract list the repairs to be done before delivery, or was it just a verbal agreement? If verbal, you could be SOL. But that's something a lawyer should be telling you.
 
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Old 05-19-2019, 11:06 AM
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Did you sign a sales contract?
 
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Old 05-19-2019, 11:15 AM
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Seems like a lot of money for a 'plain Jane' old bike needing work.
 
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Old 05-19-2019, 11:27 AM
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Originally Posted by SJT View Post
I fou
All the above was completed with the exception of the gaskets and it is still leaking oil. They told me it would be an additional $900 to have base gasket work performed but it wasn't pertinent because the seepage was minimal. I disagree because containing oil in the engine for circulation is vital for longevity and reliability of any piece of equipment.

An older harley may not be for you, or any used machine.
Originally Posted by Dynamick View Post
^That.

. But that's something a lawyer should be telling you.
You going to get a lawyer for $900 repair? If I gave up on it with them. Then I would have it repaired at different dealership. I wouldn't lt them profit.
 
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Old 05-19-2019, 11:41 AM
boro
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You should contact the state commerce and insurance department of your state, if you cannot afford an attorney. Looks like you signed a contract. There is a legal concept called the parole evidence rule. Oral agreements are negated by any signed contract. So, any of those things left off the written contract are lost. You may be able to file in small claims court, but you would have to have some proof of what you talked about. Definitely contact the BBB.

Let the dealer know that he will think himself better off by letting you out of the deal.
 
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Old 05-19-2019, 11:43 AM
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If the repair was included in writing in the contract your golden, if not you signed the contract and you just learned a valuable lesson. By getting a new title to "their" truck you may have opened up a can of worms best left closed.
 
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Old 05-19-2019, 11:48 AM
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It's a $3500-4000 bike on the open market, they saw you coming..........
 
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