Getting what I paid for !

[Pa,Fred]

I purchased a 2001 motorcycle from a dealer in MD, I live in PA.

The sale was to include the following items:
1) Used 2001 Yamaha V Star Classic with approx 1300 miles
2) a set of Highway " Passing" lights w/ visors on all lights.
3) Factory 21" tall windshield w/ lower deflectors
4) "Complete set of "Jardine" drag pipes,and the rejetting
of the carbs to tune the engine to the drag pipes.

NOTE! the salesman was told that under no circumstance
would I accept what are called "Slip On's" which
requires the cutting off of the factory pipes and
slipping the after market pipes on and anchoring them
via a clamp !

I also told the salesman that I wanted several other
accessories for the bike which I would pay for on a
seperate ticket. The salesman agreed to the deal with the
items mentioned above.

I payed for the bike in full in order to help speeding up
the delivery date as a complete bike. I was told that
"all of the items would only take about a week to get in and
that I should be able to pick the bike up in a week and a
half.

I didnt hear from the salesman and called after a week for
an up date. I was told that some of the items were in but
not all, that the drag pipes werent availible due to back
order. To make a long story short it's been more than a
month now and most of the parts are still not in.

I was told on the second week that the drag pipes had come
in and were on. The bottom line or(cutting to the chase) is
this I expressly told the salesman that I "positivly did not
want slip on pipes, that I didnt want my pipes cut yet when

I went to pick up the bike and bring it home to wait untill
the rest of the accessories to arrive I found that they had
cut my pipes off and installed slip on's anyway.

I told the salesman that I had told him that under no
circumstances did I want my pipes cut off and that I did not
want slip on's yet that was what they did.

I refused to take possestion of the bike and left it there
even though I had paid in full for the bike.
Of note though I do not have a signed formal final bill of
sale or sales agreement from the company.

As for my gripe, I think that the dealer owes me not only
the bike but a brand new set of OEM factory pipes to replace
the ones that they cut up, and a brand new (Complete) set of
drag pipes as was specified from the beginning .


Questions !

1) Should I have left the bike there,
2) Is there anything I can do to force them to stop
making excuse's and to do as stated above regarding
the pipe issue.

Please respond with course of action.
Thanks,

Pa,Fred

 

[JETX]

Before I answer your questions, a few 'oughtas':

1) Call or go by the dealer NOW!!! Demand a full written invoice, detailing ALL of your sales agreement and showing paid in full.

2) Demand that they provide a reasonable deadline for supplying the bike as purchased. Get it in writing and include a provision that the agreement can be cancelled without penalty if they breach the promised delivery date.

3) Never, NEVER pay for ANYTHING, especially something when it is not 'in hand', without getting EVERYTHING in writing!!! EMPHASIS... NEVER!!!!!

Now, to your questions....
1) Should I have left the bike there?
What else would you have proposed?? You could have taken the bike elsewhere, gotten the agreed work done and then filed a claim (lawsuit) against the original dealer for your damages (cost difference between the two). You might still want to consider this option.

2) Is there anything I can do to force them to stop making excuse's and to do as stated above regarding the pipe issue.
Force them??? Not likely. The best thing you can do is try to get them to perfom in accordance with your agreement (Get it in writing... see above!). If they refuse or can't, then you can take it elsewhere and sue for your damages.