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Old Dec 6, 2019 | 12:49 PM
  #21  
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Originally Posted by Buster217
Just occurred to me that maybe someone else came along and offered full price on the bike so they figured they'd sell it to that guy and use your deposit as leverage to sell you a different one. They get at least one sale for sure and maybe two. Win-win for them.
Except that's against the law, big trouble for a dealer that gets caught doing that.
Not to mention the bad publicity that would accompany such a move.
 

Last edited by highwayman50; Dec 6, 2019 at 12:53 PM.
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Old Dec 6, 2019 | 01:36 PM
  #22  
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Originally Posted by highwayman50
Did you read the quote I was responding to? And if it's a deposit to hold while it's in the shop for repairs, and agreed to hold for a accepted test drive when repaired...deposit is not forfeited if buyer opts out after test drive.
Yes, I read it.

I don't think your interpretation holds water. Why would a seller accept a deposit from a buyer who retains the ability to opt out? "I'll give you some money, and in exchange, you are forbidden from selling that thing you want to sell to anyone else. I might buy it later, but I also might not, so no promises. And if I decide not to, I expect my money back." ??

It makes no sense that the dealer would accept that deposit.

Of course, I don't understand a buyer handing over any amount of money to a seller for an item he isn't committed to buying, either.

Unless there is mutual consideration (ie, each side gives something of value to the other), there is no contract, and without a contract, no one is legally bound to anything.

I have my suspicions about what happened here. I won't go into all the details other than to say that I think the OP got played.
 
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Old Dec 6, 2019 | 02:10 PM
  #23  
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Originally Posted by highwayman50
Except that's against the law, big trouble for a dealer that gets caught doing that.
Not to mention the bad publicity that would accompany such a move.
Nah, they give him his money back and nobody gets prosecuted. A spurned buyer could hire a lawyer and sue but for what damages?

It's the reputation really that's the only thing on the line if they made a play like this.
 
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Old Dec 6, 2019 | 03:01 PM
  #24  
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Originally Posted by 0maha
Yes, I read it.

I don't think your interpretation holds water. Why would a seller accept a deposit from a buyer who retains the ability to opt out? "I'll give you some money, and in exchange, you are forbidden from selling that thing you want to sell to anyone else. I might buy it later, but I also might not, so no promises. And if I decide not to, I expect my money back." ??

It makes no sense that the dealer would accept that deposit.

Of course, I don't understand a buyer handing over any amount of money to a seller for an item he isn't committed to buying, either.

Unless there is mutual consideration (ie, each side gives something of value to the other), there is no contract, and without a contract, no one is legally bound to anything.

I have my suspicions about what happened here. I won't go into all the details other than to say that I think the OP got played.
We never took deposits. If someone comes in it's for sale. What if that person didn't buy. I told that to a person and he had deposits at two other places. He bought our vehicle.


 

Last edited by Oakers3; Dec 6, 2019 at 03:03 PM.
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Old Dec 7, 2019 | 04:18 AM
  #25  
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Originally Posted by 0maha
Yes, I read it.

I don't think your interpretation holds water. Why would a seller accept a deposit from a buyer who retains the ability to opt out? "I'll give you some money, and in exchange, you are forbidden from selling that thing you want to sell to anyone else. I might buy it later, but I also might not, so no promises. And if I decide not to, I expect my money back." ??

It makes no sense that the dealer would accept that deposit.

Of course, I don't understand a buyer handing over any amount of money to a seller for an item he isn't committed to buying, either.

Unless there is mutual consideration (ie, each side gives something of value to the other), there is no contract, and without a contract, no one is legally bound to anything.

I have my suspicions about what happened here. I won't go into all the details other than to say that I think the OP got played.
It holds water because the bike was in the shop and unable to test drive.
 
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Old Dec 7, 2019 | 04:22 AM
  #26  
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Originally Posted by Buster217
Nah, they give him his money back and nobody gets prosecuted. A spurned buyer could hire a lawyer and sue but for what damages?

It's the reputation really that's the only thing on the line if they made a play like this.
There are laws against it, fines paid and retail license put in jeopardy. And yes, reputation for doing business like that can cost untold sales in lost sales and service dollars. Tens of thousands, maybe eventually their business. I know I wouldn't do business with a place that would do that.
 
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Old Dec 7, 2019 | 05:35 AM
  #27  
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Originally Posted by Brian6325
I found a used heritage softail at a HD dealer in Akron. ?
Rubber City?

if so, I'll be in that neighborhood today.
they only have a few pre-owned Heritages listed at their location .
Which one you looking at?
I could stop in and see if it's on the floor or not ...and see if they put new rubber on it


Don't know why any dealer at this time of year would be hesitant to move any unit riki-tic
and over a test ride out of the parking lot?? ...over a tire that costs them $100-$150(?) in total w/labor and tire??

..L.T.A.
 

Last edited by Cap77; Dec 7, 2019 at 05:40 AM.
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Old Dec 7, 2019 | 07:31 AM
  #28  
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Originally Posted by highwayman50
It holds water because the bike was in the shop and unable to test drive.
What does the dealer have that it didn't have before? This guy's money.

What does the OP have that he didn't have before? Nothing.

It comes down to this from the OP: "So at that point we worked up a deal, and I said I’ll put a deposit on the bike to hold it but I’m not going to buy it until I get a chance to ride it. Then the finance guy wanted me to start signing the paperwork, and I said I’m not signing anything that is going to make me the owner of the bike on any papers".

People like to talk about dealers ripping them off, and there's certainly more than enough bad behavior by dealers to go around, but I don't see how you can read that and not come away thinking that OP got so excited about this he was bound and determined to rip himself off.

He says they "worked up a deal". No they didn't. Until it's on paper with both signatures, there is no deal.

He says "I’m not signing anything that is going to make me the owner". There you have it. There is no deal. And without a deal, the deposit means nothing. All the OP achieved by handing the dealer money was to give them all the power in the negotiation that has yet to take place.

And for what purpose? Against the possibility that someone else beats him to this bike? In December? In 2019?

I'm curious if the OP has any paperwork in his hands at all right now, and if so what does it say?

Anyway, none if this is likely to matter. The odds that someone else buys this bike in the next few days are all but zero. And if someone does, so what? It's not like there aren't a thousand other bikes just like it for sale.

Let the dealer get it ready. Take it out for a test ride. If OP decides then to buy it, don't be surprised if the price goes up. All he's done with this deposit is make it clear to the dealer that he has a total hard on for this particular bike.
 
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Old Dec 7, 2019 | 07:53 AM
  #29  
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Originally Posted by 0maha
Yes, I read it.

I don't think your interpretation holds water. Why would a seller accept a deposit from a buyer who retains the ability to opt out? "I'll give you some money, and in exchange, you are forbidden from selling that thing you want to sell to anyone else. I might buy it later, but I also might not, so no promises. And if I decide not to, I expect my money back." ??

It makes no sense that the dealer would accept that deposit.

Of course, I don't understand a buyer handing over any amount of money to a seller for an item he isn't committed to buying, either.

Unless there is mutual consideration (ie, each side gives something of value to the other), there is no contract, and without a contract, no one is legally bound to anything.

I have my suspicions about what happened here. I won't go into all the details other than to say that I think the OP got played.
I agree. My guess is that because this is Winter and in Ohio and bike sales are not that great this time of year, the salesman was doing whatever he could to make a sale.
Fix the tire and let him test ride it.
 
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Old Dec 7, 2019 | 08:45 AM
  #30  
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Why make the purchase conditional on a test ride? Buy the bike with a warranty. If something is wrong after you buy, let the dealer fix it.
 
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