Jolly_Green
Junior Member
What is the name of your state? North Carolina (but it was purchased in Virginia).
Long story short: A bike was advertised as having completely been checked out and everything was within manufacturer specifications. It was at a dealership, and was sold as being in perfect mechanical condition, because their shop's name was at stake. When I went to buy the bike (a 4-stroke), it was smoking. The shop's mechanic said it was because he had accidently put 2-stroke (pre-mixed) gas in it, but that it was fine. After owning the bike for less than a month, I noticed the clutch fluid leaking and also that it was still smoking. I talked to the shop, they sent a part for the clutch (which did not solve the problem). I finally took the bike to a different shop due, to the smoking, thinking I would just have to replace the rings. I was not going to ask anything from the seller, since I had purchased it used, I figured it was my problem. Well, it turns out that the entire cylinder was worn out and the piston was worn out, and the rings, and the valve seals. In addition, due to the wear on the motor, they also had to go in to the bottom end of the motor to ensure the metal shavings had not done additional damage. I talked to the seller who initially said he would supply the parts. A week or so later, he said he would only split the cost of retail on the parts. A week or so later, he finally said he would only give me 25% off of retail, and that was it. So, should I take him to small claims court? Do I have a case? And, should I take the 25% off and then take him to court, or decline the 25% off? The bike was sold with no warranty, it was used. But, it was sold as completely in spec. The mechanic currently working on the bike says that there is no way I could have caused that damage in the 4 months I've owned the bike. Thanks in advance,
Dan
Long story short: A bike was advertised as having completely been checked out and everything was within manufacturer specifications. It was at a dealership, and was sold as being in perfect mechanical condition, because their shop's name was at stake. When I went to buy the bike (a 4-stroke), it was smoking. The shop's mechanic said it was because he had accidently put 2-stroke (pre-mixed) gas in it, but that it was fine. After owning the bike for less than a month, I noticed the clutch fluid leaking and also that it was still smoking. I talked to the shop, they sent a part for the clutch (which did not solve the problem). I finally took the bike to a different shop due, to the smoking, thinking I would just have to replace the rings. I was not going to ask anything from the seller, since I had purchased it used, I figured it was my problem. Well, it turns out that the entire cylinder was worn out and the piston was worn out, and the rings, and the valve seals. In addition, due to the wear on the motor, they also had to go in to the bottom end of the motor to ensure the metal shavings had not done additional damage. I talked to the seller who initially said he would supply the parts. A week or so later, he said he would only split the cost of retail on the parts. A week or so later, he finally said he would only give me 25% off of retail, and that was it. So, should I take him to small claims court? Do I have a case? And, should I take the 25% off and then take him to court, or decline the 25% off? The bike was sold with no warranty, it was used. But, it was sold as completely in spec. The mechanic currently working on the bike says that there is no way I could have caused that damage in the 4 months I've owned the bike. Thanks in advance,
Dan