When your bike is not what it's supposed to be

[DR650gary]

You really think that's limited to Suzuki? Have a look at any new vehicle on a yard and tell me if it's registered, with the exception of demo's (and even then a lot just put on dealer plates). What do you think happens if that 2011 Holden/Toyota/Subaru/BMW/Honda/Kawasaki/Suzuki/Ducati doesn't sell in 2011?

You really think that's limited to Suzuki?

Before you come out swinging your arms, do a little research. I am sure that ALL marques have the odd model that is carried over either in the showroom or importers.

Suzuki is the only brand, that I am aware off, that has bought in large amounts of left over models from the US or South Africa that have sat unsold for a number of years in foreign showrooms and the less honest dealers have listed them as current models. Mr Motorcycle, from my knowledge, made a particular effort in their marketing to point out when they were older but brand new models. Other Suzuki dealers around the country that I spoke with fudged the issue.

The GSF750 Katana is a recent example.

I think Orangeback's issue is that the lister was aware that there was confusion over the bike's title and used that to gain more that the value.

Caveat Emptor, but under current legislation even a private sale is protected under the Consumer Guarantees Act. There is also legislation in place that protects an unknowing consumer against unscrupulous sellers.

It is not a crime to not know something, just one to not learn from it.

Cheers

[James Deuce]

Caveat Emptor, but under current legislation even a private sale is protected under the Consumer Guarantees Act. There is also legislation in place that protects an unknowing consumer against unscrupulous sellers.

Not quite and Trademe make it clear it's your problem to find out.

http://www.trademe.co.nz/help/657/co...ntees-act-1993

[JimO]

You really think that's limited to Suzuki? Have a look at any new vehicle on a yard and tell me if it's registered, with the exception of demo's (and even then a lot just put on dealer plates). What do you think happens if that 2011 Holden/Toyota/Subaru/BMW/Honda/Kawasaki/Suzuki/Ducati doesn't sell in 2011?

i thought they sent them back to the factory to be remade??.......not really

[meteor]

So you're happy with the bike then, just pissed that you made the mistake of buying without doing any homework or research? I'd say take it on the chin and learn from it. Move on. And enjoy the DRZ, I had one, they're fun on the road in motard form but lacked a bit of grunt and needed a 6th gear.

[DR650gary]

Not quite and Trademe make it clear it's your problem to find out.

http://www.trademe.co.nz/help/657/co...ntees-act-1993

Not quite.

"In situations where the CGA does not apply, such as for private one-off sales, then the Sale of Goods Act 1908 (SOGA) will generally apply instead. The SOGA includes warranties that are comparable to the CGA guarantees, including implied conditions that the seller is entitled to sell the goods and that the item meets the description. "

Looks like there is redress to me. The item must meet the description.

A 4 year error is a bit tough.

I say talk with the seller, then if not happy, Disputes Tribunal. $40 well spent.

Let us know what happens.

[James Deuce]

Not quite.

"In situations where the CGA does not apply, such as for private one-off sales, then the Sale of Goods Act 1908 (SOGA) will generally apply instead. The SOGA includes warranties that are comparable to the CGA guarantees, including implied conditions that the seller is entitled to sell the goods and that the item meets the description. "

Looks like there is redress to me. The item must meet the description.

A 4 year error is a bit tough.

I say talk with the seller, then if not happy, Disputes Tribunal. $40 well spent.

Let us know what happens.

Hang on a minute, you quoted the CGA as the route to redress not the SOGA. Even then if the bike was bought via an auction neither Act applies. If it was a classified, the SOGA may apply with redress available via the Disputes Tribunal. Either way the burden of proof and redress is on the purchaser. If the seller can demonstrate that his/her description was created with the information they had to hand and they genuinely had no knowledge of the model year being incorrect then it's unlikely that the SOGA or Disputes Tribunal is going to help either.

The pitfalls of buying from an auction site are manifold. There is little clear cut protection in law and a successful trade relies on people not being useless, sniveling, lying, cheating, morally rudderless, ethically bankrupt selfish bundles of festering monkey shit. In my experience I can count the people I know who don't fall into that category on a few fingers.

[onearmedbandit]

Before you come out swinging your arms, do a little research. I am sure that ALL marques have the odd model that is carried over either in the showroom or importers.

Suzuki is the only brand, that I am aware off, that has bought in large amounts of left over models from the US or South Africa that have sat unsold for a number of years in foreign showrooms and the less honest dealers have listed them as current models.

Calm down man. You blamed Suzuki for "crap where they keep carrying the bike over and register it the year they sell in from the dealership", where in fact every dealer does that. No where in your original post did you make mention of Suzuki bringing in old models and unscrupulous dealers selling them as new models.

[FROSTY:Me]

In the shoes of the OP id be making darn sure I have hard copies of proof of the bikes age and proof the seller was unquestionably aware that the bike was at least a year older than advertised.
I'd then be making contact with the seller. When you do you need to make it quite clear exactly what you expect from them. Ie full refund,compensation etc.
Basicly I'd make the first aproach softly softly.
If you get no joy then your next port of call is the small claims court.
For this you need the evidence and also proof of the value of a year 2000 bike and a year 2004 bike.-I'd suggest a written valuation from a qualified bike dealer (or two)
Although its a private sale and the protection you have from a dealer doesn't exist you DO have protection on the basis the seller committed fraud.


--OR you could just say --Hey lesson learned and enjoy the bike

[marty]

somewhere else in here there's someone who sold a mountain bike on trademe and mistakenly said it was a 27 speed instead of a 21 speed. blames it on brain melt or fat fingers or something.

maybe your seller pressed 04 instead of 00? easy mistake to make.

[AllanB]

I think Wonderbra's should fall under the 'misrepresented advertising' title too. Darn boobs look excellent until all that padding and leverage is removed.

[DR650gary]

This is not a court of law and neither am I trying to make any opening address. If the bike was incorrectly described, 4 years older and the seller bought it as an older model so obviously had an idea it was not an 04, then the buyer has redress under the CGA, if the seller makes a habit of selling bikes, or the SOGA. The original complaint did not say if it was a dealer or private so I tried to give a lead, not a definite answer.

I have no experience of dealers other than Suzuki listing older models as current en masse. The GSF750 Katana's that we looked at a few years ago had a spread of 4 years, depending which dealer you asked, and we asked a few as it was on the list for my son.

It was research of the engine/frame numbers as suggested by another poster that solved the problem and when I asked I was told that it was because Suzuki had brought a bunch in from overseas and were trickling them to dealers. Suzuki must have been aware that they were being listed incorrectly, but did nothing.

The original post asked what if the bike you bought was not as described.

I believe he has possible redress. Up to him if he does anything, all the rest is incidental.

[Crasherfromwayback]

People suck, learn your lesson and move on or start getting used to just how shitty people can get when they call themselves "lawyers" or "businessmen"

You're sounding a tad bitter Jim. In my 25 years in the industry, I've found most "businessmen" are pretty straight up. I've come across plenty of 'customers' that are more than happy to lie through their teeth though.

Before you come out swinging your arms,

Suzuki is the only brand, that I am aware off, that has bought in large amounts of left over models from the US or South Africa that have sat unsold for a number of years in foreign showrooms and the less honest dealers have listed them as current models.

Sorry...but that's funny. For starters, OAB only has one arm. Next, every single brand, be it a car or a motorcycle will have old stock that hasn't sold in it's so called 'model year'. Suzuki NZ pass on some unreal prices for some of the older models they source world wide. Other brands simply special off whatever they haven't sold since it was imported. So what? Most dealers know what they are supposed to do legally and morally. I'd be surprised if anyone was silly enough to do the wrong thing purposely either way in this day and age.

Calm down man. You blamed Suzuki for "crap where they keep carrying the bike over and register it the year they sell in from the dealership", where in fact every dealer does that.

Keep your arm still.

[AllanB]

[QUOTE=DR650gary;1130050060]It was research of the engine/frame numbers as suggested by another poster that solved the problem and when I asked I was told that it was because Suzuki had brought a bunch in from overseas and were trickling them to dealers. Suzuki must have been aware that they were being listed incorrectly, but did nothing.QUOTE]


Interesting. Suzuki traditionally do a 'summer fest' and a wise potential Suzuki buyer will wait for this years brochure before purchasing in the hopeful chance their preferred ride will be featured. Lost in my office at work is a pile of these brochures from the past decade and all list the specials model year number - ie a 2009 promo may have K7 or K8 models. IMO Suzuki NZ have been very upfront about this in print and I am surprised and disappointed that any individual dealer tried to pass off a special model as a current year example.

Having said that these is often F-all difference in models year to year and they have just a warehouse of left-overs to get rid off. NZ has proven to be a very good market for unloading these bikes and we have had some fine bikes at very good prices.

SV1000, GS1200ss, GSX1400, Hayabusa (Canadian spec I believe) spring to mind.


Also all are brand new bikes so the first registration date is the year of sale not when made in the factory. Applies to any vehicle when being registered.

[FJRider]

so the first registration date is the year of sale not when made in the factory. Applies to any vehicle when being registered.

First registered in ... is only a clue as to the year of manufacture ... engine/model numbers are another story .... but some build runs are over a number of years ...

Suzuki do come out with models that are (or seem to be) made up out of the spare parts bin ...

[Crasherfromwayback]

First registered in ... is only a clue as to the year of manufacture ... engine/model numbers are another story .... but some build runs are over a number of years ...

Not even. First registered in... is just that, and that only. It has nothing to do with what year/model year the bike is or when it was built. You buy a new 2012 model in Sept this year when it's released as a 2012 model, but it'll show on the reg papers as a 2011 model. You buy a new SV1000SK7 (2007 model) old stock, and it's shown on the reg papers as a 2011 model.