What would you do?

[scott411]

def a tuff one that could go either way,

if the forks has been replaced it makes it a tuff call, might be a job for the disputes tribunal, it will come down to the term fit for purpose, if the bike is not fit for purpose then you might have a point,

if it is not fit for purpose it is a money back job,

as i said, tuff call,

[barty5]

It is still a 2008 bike though - but has had a crash & parts been replaced that are older.
If the buyer didn't question it then the seller hasn't been dishonest I don't think.

As for your RM Sacha thats possibly that it came into the country new a couple of years after being manufactured. Our LT50 is like that. We brought brand new but it was either 1 or 2 years old

yes it is still an 08 but unless you look you do not notice the damage that is on the forks between the triple clamps there has been major corrosion to the point it is scolloped out. This is sort a hidden by the plastics. the reason i notice is i have one and have also had an older one there is a big noticeable difference in the forks any dealer should have spotted the damage/ difference. A newbie would know there was a difference and wasn't aware of the damage until i looked at it more closely.

[L Rider]

yes it is still an 08 but unless you look you do not notice the damage that is on the forks between the triple clamps there has been major corrosion to the point it is scolloped out. This is sort a hidden by the plastics. the reason i notice is i have one and have also had an older one there is a big noticeable difference in the forks any dealer should have spotted the damage/ difference. A newbie would know there was a difference and wasn't aware of the damage until i looked at it more closely.

Totally hear what you're saying & unfortunately you're friend wasn't aware - often pays to get someone in the know to check things out.
I'm not sure you'd have any grounds though as its not like he didn't see the bike as it was prior to buying.

does the damage impact its performance?

[Rupe]

It stinks, the guy has gone to a dealer to buy a bike as he is new to the game, and wants to buy a bike from a trusted source. I'm not a yamaha dealer but would spot it straight away, I'd bet they did too.

If you spend the money to buy an 08 bike from a dealer, u'd be expecting to buy 08 with all the research, development and improvements for you buck.

It was prob a part ex, and they probably paid fuck all because the front end was not 08.


If it was a trademe bargin then its buyer beware, if you are paying top dollar from a dealer then the dealer should stand by their product.

Name and shame them, they are not being fair to him. Tell him to get consumer advice from citizens advice and take it further.

[IIIRII]

It could well have been a genuine mistake by the dealer, maybe a traded bike not inspected as well as it could be etc:
At the end of the day you ask him to fit 08 forks to it as it was advertised as an 08. OR just ask for a full refund, as it was not what it was advertised as.

If they wont refund the money or put it right I would imagine it would go through arbitration quite quickly and the dealer would lose.

[Mungatoke Mad]

I wonder what 2017 will be?

Mite be Y.2.K all over again.

[cheese]

Think I'd ask for my money back...

[Drew]

If the bike is financed he is sweet. All hire purchase agreements in New Zealand are subject to a 30 day right of cancellation.

If he paid cash, and the forks are not infact dangerous he's shit out of luck. Would be different if he'd been told the front end was replaced and the ones now in it are mint.

[andy mac]

It stinks, the guy has gone to a dealer to buy a bike as he is new to the game, and wants to buy a bike from a trusted source. I'm not a yamaha dealer but would spot it straight away, I'd bet they did too.

If you spend the money to buy an 08 bike from a dealer, u'd be expecting to buy 08 with all the research, development and improvements for you buck.

It could well have been a genuine mistake by the dealer, maybe a traded bike not inspected as well as it could be etc:
At the end of the day you ask him to fit 08 forks to it as it was advertised as an 08. OR just ask for a full refund, as it was not what it was advertised as.

If they wont refund the money or put it right I would imagine it would go through arbitration quite quickly and the dealer would lose.

Combined wisdoms. +1

[steve_t]

Combined wisdoms. +1

Umm... I don't think so.
So if you bought a 2008 second hand car and found out after buying it that the shocks were from a 2005 model, you think you could go to court and make the dealer either give you your money back or replace the shocks with 2008 ones? They have things called prepurchase inspections for a reason.
I think the best that can be hoped for would be for the dealer to do something out of goodwill, but as the OP has already asked and the dealer has already said "what do you expect me to do? I have no money" then the only thing that can really save the buyer is the HP thing that Drew mentioned.
Would you had any legal right if you bought a second hand bike and found it had several thousands of dollars of suspension mods? Not that you'd want them to put 08 shocks back on but you get the point

[Jay GTI]

The best thing to do is visit your local CAB and get free legal advice on your options.

Not wanting to dis anyone on here, but there has been a lot of advice so far based on what 'should be' rather than what actually are your rights, so first step is the above for clarification. Then approach the dealer again if you have the legal rights to do so and clearly explain to him his obligations. Then you can tell him exactly what you expect him to do...

[steve_t]

The best thing to do is visit your local CAB and get free legal advice on your options.

Not wanting to dis anyone on here, but there has been a lot of advice so far based on what 'should be' rather than what actually are your rights, so first step is the above for clarification. Then approach the dealer again if you have the legal rights to do so and clearly explain to him his obligations. Then you can tell him exactly what you expect him to do...

Good call

[IIIRII]

Steve_t
Thats a terrible analogy...
The shocks on a car are not an integral part of the chassis design / we are not talking shocks , we are talking about the forks....
A better analogy would be "So if you bought a 2008 second hand car and found out after buying it that the front end was off a 2005 model" bla bla bla
And YES, you would have a case.

Like I said, its probably a genuine misunderstanding by the dealer and Im sure if hes fair and reasonable he will put it right by either fitting a different set of forks, by refunding a % of the cost of the bike or a full refund ...

Im sure they will sort out a fair compromise, however as he IS a licensed dealer he wont have a leg to stand on if push comes to shove and it goes to court or arbitration if it was advertised and sold as an 08

[browny]

i bought a bike from energy honda in new plymouth a few years back,o4 or 05 i think .anyway bought it after seeing an add in a bike book,pretty picture etc it gave a few details ,looked and sounded sweet when it arrived elec start didnt work ,the casing seam was glued up with hot glue,as soon as i peeled it off oil fell out of it,and the worst part ,it had a crack in the casing that was non repairable.if id payed 1500--2000 g for it id not be to worried but i had forked over $7500.they denied all knowledge of the problems and in the end i had to wear it.morale of story dont buy a bike because it looks nice in a picture, have a good look at it,because its from a dealer doesnt mean its all good. at the time i bought it the agent wanted to know where id seen it advertised, for sales reasons ,i found out later the same bike was advertised on trade me for alot less. its the last time i will or mates will deal with those rogues.

[Rupe]

i bought a bike from energy honda in new plymouth a few years back,o4 or 05 i think .anyway bought it after seeing an add in a bike book,pretty picture etc it gave a few details ,looked and sounded sweet when it arrived elec start didnt work ,the casing seam was glued up with hot glue,as soon as i peeled it off oil fell out of it,and the worst part ,it had a crack in the casing that was non repairable.if id payed 1500--2000 g for it id not be to worried but i had forked over $7500.they denied all knowledge of the problems and in the end i had to wear it.morale of story dont buy a bike because it looks nice in a picture, have a good look at it,because its from a dealer doesnt mean its all good. at the time i bought it the agent wanted to know where id seen it advertised, for sales reasons ,i found out later the same bike was advertised on trade me for alot less. its the last time i will or mates will deal with those rogues.

If thats the case, a few others think its just his hard luck, and the dealer doesn't have the money to give back...Why would anyone buy a 2nd hand dirtbike from a dealer ever again? Lokks like you pay more for nothing???