Man I've been had!!

[willy_01]

not a happy camper, my story (warning long rant)

wanted a 250 to finish my licence on and get my brother interested in bikes. Saw a rz250 in the paper "rough condition with fresh top end". Rang the guy up asked what that meant, he said the rough condition only referred to the paint and plastics ect, but 'the engine is mint, has had a brand new top end rebuild, gaskets, pistons rings, everything'. The dude was real friendly and let us take it for a ride and it didnt go very good, he explained that the power valves were not connected so were free spinning hence the odd bursts of power thru the rev range (seemed pretty sensible). We checked the invoice for the top end parts, just as we handed over the money i asked for the invoice for the installation, he said he did it him self. We get it home, i connect the power valves up check the spark, clean the carbs, take it out still runs terrible. I think man it has to be the compression, so spend bloody $45 on a new comp. tester check the compression, freakin less that 50psi in both pots, so i ring up the guy ask him what the story is, well he does not want a bar of it, i even offered just a straight swap back as im not one to cause a stir, no way he just wiped his hands of it, what a dick!!

I dont consider myself a naive person (but I guess I am), so im really guttered that ive been so shafted, I think I might even take him to the disputes tribunal on this one, i know its a bit hard out but im so angry, clearly his bad especially advertising it had a fresh top end, when that is the only thing that’s wrong with it. Is it fair enough to take him to court, also is it worth it, ie if you do win do you ever get your money?

Rant over, I even feel a bit better (a very little bit)

[The Pastor]

Lets get this straight, you rode it and found out it was shit THEN payed for it?...........


hehe, Ive done that, twice.... moral of the storey - ALL SELLERS ARE LAIRS.

[Fisherman]

Have to say that I really have considered becoming one of those prats lately. Was just half way thorough selling my old zxr250c which sounds and looks real mint with only 24000 ks on it. Another kb member was looking at it and got a comp done (thank god)on it and it came out at 95ish across all pots so he rightly didnt buy. Have to say tho was quite tempted to sell it over trade me all hush hush to an unsuspecting jaffa but ill get it fixed or take that off the price.

So long story but yeah the guy is a prat and when he sold it he had to disclose honest answers to any questions you asked. He doesnt have to tell you anything but cant lie at the same time. Should be a breeze in the disbutes but im no lawyer but most of these guys get scared of the paperwork and run and hide under the rock they came from. Definitly dont take this crap tho. Get the bastard and save some else the pain.

[inlinefour]

Take it to the disputes tribunal. They are pretty easy motors to rebuild, so maybe price up what it'll cost as well? Keep the advert of the bike f/s and take it in with you. Good luck bro, no one likes being shafted...

[The Pastor]

To be honest mate, I Don't think you have a leg to stand on. Unless you can prove he knew about the problem and didnt tell you.... You did take it for a test ride, and were awere of it being shit. Shit bikes = shit bikes. You could try (and should) but you'll need a good dose of luck, think of the time you will have to take of work (wages lost) and any fees you might have to pay, Get a figure on how much its going to cost to fix it, and see if it is economically viable to proceed with said proceedings. (yay big words!)

[ZeroIndex]

hope that gets sorted out..

[raster]

What does he meen by topend, often doesn't include rings, which could be all thats wrong, or the timing may be out if he did it himself (OHC?)

My suggestion, find out whats wrong first.

my .02 cents worth.

R.

[Ixion]

50psi compresion would indicate worn rings (at least) or bores.

"Top end rebuild" on a two smoker normally means pistons, rings, rebore.

But, in cager world, top end rebuild would probably mean a cylinder head rebuild (valves etc). So applying that definition, almost anything could class as a top end rebuild.

But, in this case, it must be the first, since the seller showed invoices for pistons etc. (I wonder what happened to those parts?). Implying that the new parts were on the bike, when presumably they are not.

Though, a worn top end on a two smoker would normally show as general hard starting and gutlessness, not "odd bursts of power thru the rev range".

Might be best to get an independant expert assessment of the state of the motor?

[Fisherman]

Though, a worn top end on a two smoker would normally show as general hard starting and gutlessness, not "odd bursts of power thru the rev range".?

My old tzr had bursts of power (which was actually a lack of during the rest) just before one of the pistons really let go. It would start first kick and would run fine for the most part (my fault as the pistons were getting old).

Might be best to get an independant expert assessment of the state of the motor?

Sound advice that.

[sexy beast]

nah mate even the disputes tribunal take long. i had my car stolen couple years back, had to get off work and travel to like from auck to pukekohe to be at the courts and mearly twice, all the hassel to get there on time, mileage etc, till this day i got nothing, i got my car back so i was happy with that. dont know what happened to the thief, i remember that cop who was with me saying..."we'll get you a cheque for all your expenses in a few weeks"....its been over a year..still waiting!!! thats my experience.
you can have a try mate. but these bloody shafters should be brought out of their rat holes and exposed!!!!

[Motu]

You rode it,you knew it wasn't up to scratch,paid the money and took the bike - you are as stupid as the guy who obviously couldn't rebuild a 2 stroke top end.Buyer beware - the alarm bells were ringing and you ignored them.There is only one person to blame,take it on the chin and don't make that mistake next time - that's what life's all about...learning from our mistakes,not blaming someone else.

[Sniper]

Was it advertised as is?

[willy_01]

Was it advertised as is?

nope was advertised as a freshly rebuilt bike, i had a look on the net at the law concerning this, found the Contractual Remedies Act
"This Act gives you a right to be compensated where the seller made a representation about the goods to you which you relied on in your decision to enter the contract and the representation turned out to be misleading or false. If the representation is serious, you may have the right to cancel the sale."

I understand the sentiment of what some of you are saying, but at the end of the day not all of us are A grade mechanics that can diagnose issues in 5 minutes. Sometimes we have to dare I say it 'trust' another to tell us the truth, I don’t want drama, just want to swap back, I feel that’s pretty fair no harm done, but this dude wont have a bar of it. Clearly showing is intention was to mislead.
Any ive decided to take it to a mechanic to diagnose the problem if it is an installation problem the only option is to take him to court, if its ANY thing else ill ring him back and apologise, for the problems ive caused.

[imdying]

I think you'd be hard pressed to win if the bits are all new, which is what he said (and had reciepts for). The top end was rebuilt, albeit by a monkey. They're pretty cheap to fix though, and cracker bikes to ride. Strip the barrels off, check out the pistons and rings. If they're not done, you'll have em in court no worries... Disputes tribunal fees; $30 up to $10000, $50 up to $2500, $65 over that iirc.

But yeah, they're great bikes to ride, and easy to work on. Strip it and have a look, and get some bits off of TonyB, you'll be mint.

[Toast]

Don't bother going to court mate...how much will it cost to get the bike sussed? $1k? That'll be worth it for a freshened up motor and no hassle of going to court. It will take forever to get anything done...and once the court judges in your favour...the guy probably still won't pay and you'll have to go back again...the legal system is nice in theory, but you can almost be guaranteed that it won't work in practice for a matter like this.