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Thread: Issues following secondhand bike purchase from main dealer - advice please

  1. #1

    Issues following secondhand bike purchase from main dealer - advice please

    Just looking for some advice please.

    I bought a bike from a main dealer. This bike is not part of their normal brand. I didn't ride the bike beforehand due to nervousness about riding a bigger bike in an unfamiliar environment.

    The bike was advertised as having a comfort seat. I asked the salesman twice and he said 'as far as he knew'.

    I collect said bike yestersay. Turns out the the quickshifter does not work. I know now that the QS light has to be on for it to be working and if the light is off its not working. Totally opposite to most of the other warning lights and my old KTM.

    I also find out that the seat is the ordinary one and the comfort seat looks different and has the relevant tab saying comfort.

    Just before I go mad am I correct that the QS should be covered by their warranty?

    Also what is my position wrt the comfort seat. Should they be providing one or is it my responsibility to have checked. Part of the reason of buying from a main dealer was my perception that is should be hassle free and less for me to worry about.

    Also I was surprised that their idea of a clean was a quick spray over.

    Thanks for any advice.
    Last edited by samswatch; 12th July 2021 at 20:04.

  2. #2
    Grand Master JasonM's Avatar
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    I don’t know about the QS, but if it was advertised as having a comfort seat and it hasn’t got one then you have every right to ask for it.
    Cheers..
    Jase

  3. #3
    Master
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    I can't see why your wouldn't be entitled to get both issues fixed/corrected

  4. #4
    Thanks. To be frank, I find it challenging dealing with perceived confrontation, so am getting a little more stressed than I want to be. Since some life changing personal stuff my ability to deal with stress is greatly diminished.

    Should I just write an email to the shop's General Manager?

  5. #5
    Master Red Steve's Avatar
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    Quote Originally Posted by samswatch View Post
    Thanks. To be frank, I find it challenging dealing with perceived confrontation, so am getting a little more stressed than I want to be. Since some life changing personal stuff my ability to deal with stress is greatly diminished.

    Should I just write an email to the shop's General Manager?
    I'd call back into the dealer and have a chat with the sales manager or perhaps the general manager / dealer principal.

    Sent from my SM-T800 using Tapatalk

  6. #6
    Thanks Steve
    Last edited by samswatch; 11th July 2021 at 18:16.

  7. #7
    Grand Master Dave+63's Avatar
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    You’re probably stressing over nothing; speak to the dealership either by phone or in person and back it up with an email.
    It’s far more likely that they’ll want to sort things out to your satisfaction than tell you to do one.
    Reputation is everything and in these days of social media, bad press spread quickly and they know it. They will also want you to become a repeat customer, no matter that youve bought a different brand than their current main brand.

  8. #8
    It's a Yamaha lol. I thought Jap bikes were more reliable.

  9. #9
    Grand Master oldoakknives's Avatar
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    I’d take the bike to the dealer and speak to them in person. Should be happy to sort out the problems.
    “The more I learn about people, the more I like my dog.”

  10. #10
    I would give it back and tell them to do their pre delivery inspection again and tell them to do it properly, on the basis that you don't know what other faults they have missed.

    With regard to the seat, if it is in writing, they can supply as stated or take the bike back, as they have misrepresented it.

  11. #11
    Grand Master wileeeeeey's Avatar
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    Quote Originally Posted by adrianw View Post
    I would give it back and tell them to do their pre delivery inspection again and tell them to do it properly, on the basis that you don't know what other faults they have missed.

    With regard to the seat, if it is in writing, they can supply as stated or take the bike back, as they have misrepresented it.
    Can't disagree with that.

    Worst case get your money back, leave your review, and find something else.

  12. #12
    Quote Originally Posted by samswatch View Post
    I didn't ride the bike beforehand due to nervousness about riding a bugger bike in an unfamiliar environment.
    Is it the lack of comfort seat that makes it a bugger bike?

    But seriously go with Adrians advise as a chance to fix it, then if not completed properly to as advertised reject it. Did you pay by credit card by any chance?

  13. #13
    I have written to the sales manager and he will be speaking to the sales guy tomorrow.

    I can't get out of work and am supposed to be going to Wales on a 4 day bike jolly on Thursday.

    Legally it tough to reject the bike on the basis of a seat and non working quick shifter. I think they get 3 attempts to sort it. However if the conversation goes south tomorrow or Wednesday I will suggest to them, take it back, and refund me. At this point I really don't care and I cam just go to Wales in the car!

    Let's see what they say, still pissed off and have paid £1000 on a credit card but am not sure I can create a dispute given the majority is in the form of a bank transfer.

    The more I see the bike the more disappointed I get. I should have left it before I took it home. Live and learn I guess.

    The seat was in the ad and I have a copy of it. I think I may try and push for a full service as I don't know what else is missed, although it was serviced by the PO in March at a Yamaha dealer. I think the QS gave up and as the bike was out of warranty, may have lead to him trading it in.

    Thanks for all the responses.
    Last edited by samswatch; 12th July 2021 at 17:18. Reason: Add stuff

  14. #14
    Master
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    Hopefully they manage to get it right at their first attempt.

    AFAIK the fact that you only part paid by credit card is irrelevant to a claim against your credit card provider, should it be an avenue you choose to pursue. Any claim could be for the full purchase price.

    Sent from my Pixel 4a using Tapatalk

  15. #15
    The law treats vehicles just like a toaster, they get one chance to fix it, but not as advertised entitles you to return it and get a refund.

  16. #16
    Master MakeColdplayHistory's Avatar
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    Quote Originally Posted by samswatch View Post
    The more I see the bike the more disappointed I get. I should have left it before I took it home. Live and learn I guess.
    Quote Originally Posted by adrianw View Post
    The law treats vehicles just like a toaster, they get one chance to fix it, but not as advertised entitles you to return it and get a refund.
    If they fix the quickshifter and swap the seat will you feel OK about the bike? If not, push for a refund and start shopping again.

  17. #17
    Thanks that's good to know.

    I think the dealer is going to come back with 'we sold it with good faith' and the sale an was cautious with his words as he said 'it was the comfort seat as far as I know'.

    Not sure if he can use those words to get out of it.

    If the guy does call tomorrow, I can say having slept over it my preference is for a full refund. I wi get stung on the insurance and my trip to Wales will be in the car, but rather that than repent the purchase at leisure.

    I wonder what they will say to that as my email hinted at getting the bike sorted first, but on reflection keeping it just seems unappealing.

  18. #18
    Quote Originally Posted by Chicken Pox View Post
    Is it the lack of comfort seat that makes it a bugger bike?
    Lol I think I just got that now lol

  19. #19
    Master
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    Where are you located??

    Jim


    Quote Originally Posted by samswatch View Post
    I have written to the sales manager and he will be speaking to the sales guy tomorrow.

    I can't get out of work and am supposed to be going to Wales on a 4 day bike jolly on Thursday.

    Legally it tough to reject the bike on the basis of a seat and non working quick shifter. I think they get 3 attempts to sort it. However if the conversation goes south tomorrow or Wednesday I will suggest to them, take it back, and refund me. At this point I really don't care and I cam just go to Wales in the car!

    Let's see what they say, still pissed off and have paid £1000 on a credit card but am not sure I can create a dispute given the majority is in the form of a bank transfer.

    The more I see the bike the more disappointed I get. I should have left it before I took it home. Live and learn I guess.

    The seat was in the ad and I have a copy of it. I think I may try and push for a full service as I don't know what else is missed, although it was serviced by the PO in March at a Yamaha dealer. I think the QS gave up and as the bike was out of warranty, may have lead to him trading it in.

    Thanks for all the responses.

  20. #20
    If you paid the deposit by credit card you probably have cover under Section 75 of the Consumer Credit Act.

    https://www.hants.gov.uk/business/tr...ingamotorcycle

    Check out this section:

    If you paid for the motorcycle on finance arranged by a trader, or if you paid using your credit card and it cost more than £100 but less than £30,000, you have rights under the Consumer Credit Act 1974. Section 75 of the Act makes the finance / card provider as responsible as the trader for a breach of contract or misrepresentation. This could include supplying a faulty motorcycle, non-delivery or making false claims about it. You are entitled to take action against the trader, the finance / card provider or both.

    Might be worth a call to the credit card company.
    Last edited by mijyou; 12th July 2021 at 20:43.

  21. #21
    Jim - I am in N W London

    Mijyou, thanks will take a look. I can raise a dispute with the credit card company and see where that gets me but I think I may use the 30 day rule to reject the bike and see what they say.

    Dumb question but how does one reject the bike? Do I just write and I am rejecting it on the grounds of not meeting the description and QS not working? And then say come and collect it?

    EDIT update

    From dealer via voicemail - they have 'located the comfort seat' - so have agreed to despatch it and will get the quickshifter fixed at a yamaha dealer and they will invoice them directly. A vehicle inspection was done, so that's all good

    They have also agreed to a refund, as I long as return the bike to them. The downside is that I take the small hit on insurance but also will lose out on my trip to Wales at the Nick Sander place on Thursday this week.

    I think I will have a think and decide what do do, as I really don't know.

    What would any of you to? I guess I get get the bike valeted and having it looking cleaner I guess.
    Last edited by samswatch; 13th July 2021 at 09:37.

  22. #22
    Craftsman
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    Sounds like they are offering to resolve the 2 issues mentioned or give you a refund.

    Irrespective of the issues, it sounds like you are not happy with the bike, so maybe the refund is the only option for you.

  23. #23
    Grand Master wileeeeeey's Avatar
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    If you have both options and can't decide don't make a rash decision. Sit on it and see how you feel after the workday or sleep on it and decide tomorrow.

    The insurance hit is minor and you can have the bike sent back for not much in a van, you don't have to do it. Equally if the bike is all fixed and is still the bike you want just keep it and plough on.

  24. #24
    Thanks.

    I guess I would have been happier if they had offered to valet it. On the other hand I don't want to cut my nose to spite my face. It's a nice bike, not even close to mint, but then I am not one for cleaning. It's also got the majority of accessories I wanted (except the top box).

    Torn really and with the Wales trip on Thursday I need to decide whether to drive or ride. Looking for bikes etc is a time cost and at least I can get to the dealer rather then being really, really far away.

  25. #25
    Grand Master Saint-Just's Avatar
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    'Against stupidity, the gods themselves struggle in vain' - Schiller.

  26. #26
    Grand Master Dave+63's Avatar
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    They’ve found the seat so now you have both. They’ve also agreed fir a local Yamaha main dealer to fix the problem and Bill them directly.

    They’ve also offered you a full refund.

    Now you’re moaning because they’ve not valeted it and possibly not getting all your insurance money back if you do decide to return it!

    Don’t you think you’re being a little unreasonable?

  27. #27
    Quote Originally Posted by Dave+63 View Post
    They’ve found the seat so now you have both. They’ve also agreed fir a local Yamaha main dealer to fix the problem and Bill them directly.

    They’ve also offered you a full refund.

    Now you’re moaning because they’ve not valeted it and possibly not getting all your insurance money back if you do decide to return it!

    Don’t you think you’re being a little unreasonable?
    Hahaha, thanks for the dose of reality. I just can't make my mind up, but I think I am edging to keeping it and just enjoy the summer. Life is too short tbh.

    I don't mind the insurance hit, its life.

  28. #28
    Journeyman
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    Seat + fixed quickshifter = the bike you wanted…why wouldn’t you keep it and go on the trip you have planned?

  29. #29
    Sounds like the dealer has been very reasonable in offering solutions. If you like the bike I would keep it.

  30. #30
    Just to update - going to keep although I am bit surprised they found the seat?

    Quickshifter repair next week and off to Wales Thursday

    Thank you all for your advice, much appreciated

  31. #31
    Unbelieveable - I have now been told that the comfort seat is only the riders seat not the passenger seat. How bizarre - this is really irritating me.

    I have written and said its unacceptable, how they expect to be to have two different types of seat on the bike!

  32. #32
    Master MakeColdplayHistory's Avatar
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    Is there a 'comfort' passenger seat available for the bike? I guess there is or it wouldn't be an issue.
    Was it clear in the advert that the comfort seat was only for the rider?
    Are the comfort and standard seats very different in appearance?

    I do wonder if you'll ever be happy with this bike and should go for a refund and shop again. That's not meant to be critical - we work hard for money to spend on things like this and expect to enjoy them. Sometimes there are things that go wrong that would stop one person's enjoyment and not another, particularly if the issues are before you've had chance to build up any 'bank of enjoyment' with this bike. You don't want to be thinking "it's never been right from the start" for the whole of your ownership of this bike.

    p.s. what bike is it?
    Quote Originally Posted by samswatch View Post
    Unbelievable - I have now been told that the comfort seat is only the riders seat not the passenger seat. How bizarre - this is really irritating me.

    I have written and said its unacceptable, how they expect to be to have two different types of seat on the bike!

  33. #33
    its a tracer 900 gt

    yes there are passenger and rider passenger seats, that look different so you can tell their are different.

    The ad simply stated 'comfort seat' and the salesperson used that as a justification for the price.

    The PO posted pictures of the new bike when he had it and it was both seats.

    You are right would I be happy with it? The bike is fine, its just not as advert. They are saying they only advertised it as a single comfort seat so its only one seat.

    I can get a refund but have asked if I can drop the bike off at Watford which is closer to me. So am waiting to find out.

    I just need to take all the stuff back.

    Its seems disapppointing for the sake of a seat

  34. #34
    Grand Master Saint-Just's Avatar
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    Quote Originally Posted by samswatch View Post
    Its seems disapppointing for the sake of a seat
    I don't think it's "for the sake of one seat"
    There were other issues, including that it hadn't been valeted and therefore was not as pristine as it could have been.

    Get your refund, and regroup. Would you choose another Tracer 900? List all those things that are important to you (now that you have the benefit of hindsight) and look for your future bike. And never mind for this weekend that won't happen. Getting the right bike is more important, there will be other weekends
    'Against stupidity, the gods themselves struggle in vain' - Schiller.

  35. #35
    Quote Originally Posted by Saint-Just View Post
    I don't think it's "for the sake of one seat"
    There were other issues, including that it hadn't been valeted and therefore was not as pristine as it could have been.

    Get your refund, and regroup. Would you choose another Tracer 900? List all those things that are important to you (now that you have the benefit of hindsight) and look for your future bike. And never mind for this weekend that won't happen. Getting the right bike is more important, there will be other weekends
    I think I would get another one. It has all the kit I want as standard and more importantly that wonderful engine, CP3, its just so much fun to ride

  36. #36
    Journeyman
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    The valeting is probably something to look beyond - it is obviously not ideal, but given that you are not a polisher (neither am I) I’d be inclined to try and look beyond that.

    How much would a comfort passenger seat be?

    How easy will it be to find another bike with the same spec if you reject this one?

    Is this one a good price (for spec), will it end up costing you more to get another one?

    I sometimes get sucked into worrying about the principle of something, but when I take a step back and look at the detail I realise I could be cutting my nose off to spite my face, it might not be the case here, but figured it is worth mentioning.

  37. #37
    Looking at autotrader im guessing you paid minimum £8k. A rear comfort seat is around £135 so compared to the initial outlay not too much. Are you intending on taking a passenger, if not I wouldn’t worry about it.
    It sounds to me like you may have buyers remorse and are looking to get out of the deal. In that case take the refund and move on and buy another one after inspection.
    If it’s a great bike and good price then just get a rear comfort seat in your own time at your expense.

  38. #38
    Master
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    I’d say return it, get a refund and test drive a bike before committing to buy it - done deal
    It’s a lot of wedge to shell out on something you’ve not ridden

  39. #39
    Master
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    I had a new 790 two years ago and the QS didn’t work. I went back to the dealer and Im fairly sure it was a software setting to enable it.

    The dealers enable some of the extras by software and then they pay KTM.

  40. #40
    I’d ask them to refund you £135 if that’s what the other seat costs and for them to make sure the bike has had a bloody good clean in view of all the nonsense

    That’s it


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