Backing out of Harley dealership deal
#1
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.
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.
Top Answer
05-19-2019, 12:47 PM
You paid $6500 for a 33 year old motorcycle.
Traded in your truck.
Signed 4 year contract.
Falsified a statement to get a new title.
Used an empty lot for your address.
Don’t have a livable place to stay.
You could get rich writing Country Western Music
Traded in your truck.
Signed 4 year contract.
Falsified a statement to get a new title.
Used an empty lot for your address.
Don’t have a livable place to stay.
You could get rich writing Country Western Music
#2
The following 6 users liked this post by 71on72:
Bama Lee (05-19-2019),
BrandonSmith (05-19-2019),
cacomly (05-31-2019),
Huskers (05-19-2019),
tar_snake (05-23-2019),
and 1 others liked this post.
#4
#5
#6
#7
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.
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.
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.
Trending Topics
#8
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.
Let the dealer know that he will think himself better off by letting you out of the deal.
#10
The following 7 users liked this post by TwiZted Biker:
Campy Roadie (05-19-2019),
FattyMcJ (05-22-2019),
Gearhead88 (06-01-2019),
Mattbastard (05-20-2019),
mrmarklin (05-20-2019),
and 2 others liked this post.