Traded in my Gen II, and got SCREWED.

Status
Not open for further replies.
Just wanted to say thanks to everyone for the helpful tips, ideas, and comments. Im trying to stay positive and hope for the best. Im of the mindset to fear the worst and your never disappointed, so ive been stressing out like crazy but I appreciate all the feedback.

:banghead: :banghead: :banghead: :banghead: :banghead:
 
I didn't mean literally crack skulls and show yer ass, but state the facts and be firm in your resolve. You sound like you have a good game plan. I don't see how they could deny the damage or say you did it as the outside looks pretty flawless. Damage like that doesn't just "happen". Again, good luck and keep us posted.
 
Gamecock said:
I didn't mean literally crack skulls and show yer ass, but state the facts and be firm in your resolve. You sound like you have a good game plan. I don't see how they could deny the damage or say you did it as the outside looks pretty flawless. Damage like that doesn't just "happen". Again, good luck and keep us posted.
Click to expand...

I was looking through some pics and noticed one I took while bike is in back of truck at dealership shows the damage to foot peg and the sharpie on it. iPhone geocodes the location where pic was taken also, so I have that as well.



Hard to see sharpie on this pic on pc, but on my ipad its pretty clear. The foot peg scrap is noticeable
 
Last edited:
Having those good pics and the ability to "blow them up" to show stuff really helps. I took my old VFR to get work done and someone jammed my bike back into the garage with the other bikes in too tight of a spot and scratched the hell out of my hardbags on one side.

I had before and after images and they ended up painting both for me for free. Like you stated, be calm, state your case, and tell them what they need to do to rectify the situation.
 
This is appalling. If they give you any trouble, report them to the better business bureau and district attorney. I would agree this is flat out fraud. Hope it works out.
 
Just finished reading this thread and all I can say is….WOW.

Sending lots of positive karma your way that everything will work out with the dealership tomorrow and they will do whatever it takes to make things right.

Jon...
 
I am very surprised Yamaha Corp. doesn't seem to mind an Authorized Dealer selling damaged bikes as fully new equipment. I don't believe a Lexus or BMW licensed dealer would be able to get away in sourcing a new, untitled vehicle that had been in a flood, or had a cracked frame from falling off the truck, and selling it as a 'brand new' product without telling the buyer that it had no factory warranty. Failing to disclose that normal expectation for a 'new' vehicle would be a clear case of fraud. Take it to the state attorney's office if the dealer doesn't take it back. Since they sold it to you they knew it's issues when they sold it so this looks like it will be a tough fight. When I walk into an authorized dealers store (car, motorcycle, watch, camera, jewelry, whatever) and get sold a product that they carry I shouldn't have to take the machine apart to find out whether it is 'new' or not. I suppose that is one reason to try to stick closer to home, I think we are less likely to get screwed with a local business transaction (they have more to lose with an unhappy local customer spreading the word about their dishonest practices), but long distance dealers figure they can get away with this kind of action, especially if they figure the corporate structure allows it. Shame on Yamaha corporate.
 
Last edited:
Hang in there J, we are all rooting for you. All day long I was thinking how pissed I would be. You have been holding your cool real well. Nobody needs this sh*t!

If this doesn't go well from your side, I for one would be happy to send e mails to the dealer and Cypress letting them know what we consumers think.

Best to you.
 
Evitzee said:
I am very surprised Yamaha Corp. doesn't seem to mind an Authorized Dealer selling damaged bikes as fully new equipment. I don't believe a Lexus or BMW licensed dealer would be able to get away in sourcing a new, untitled vehicle that had been in a flood, or had a cracked frame from falling off the truck, and selling it as a 'brand new' product without telling the buyer that it had no factory warranty. Failing to disclose that normal expectation for a 'new' vehicle would be a clear case of fraud. Take it to the state attorney's office if the dealer doesn't take it back. Since they sold it to you they knew it's issues when they sold it so this looks like it will be a tough fight. When I walk into an authorized dealers store (car, motorcycle, watch, camera, jewelry, whatever) and get sold a product that they carry I shouldn't have to take the machine apart to find out whether it is 'new' or not. I suppose that is one reason to try to stick closer to home, I think we are less likely to get screwed with a local business transaction (they have more to lose with an unhappy local customer spreading the word about their dishonest practices), but long distance dealers figure they can get away with this kind of action, especially if they figure the corporate structure allows it. Shame on Yamaha corporate.
Click to expand...

I don't know if I could agree with you on the concept of long distance dealers don't give a crap. My first bike, '08 Fz6, I got from an ebay auction dealer from Maryland. The bike showed up perfectly detailed like new as described and even had a box over the bike as it was strapped onto a crate. Maybe because it was through ebay and the ever important comment/feedback section is worth gold to those vendors, but I though it was very professionally handled. I honestly don't know how they even made any money on the bike since I got such a good deal on it. It was less than trade in value at the time.
 
Check your paperwork. If they gave you full warranty - a full new motorcycle warranty, then I believe you have a case against them and Yamaha.

Yamaha stated that only partial warranty was possible under conditions of the auction. If the dealer gave you a full warranty - with all the signatures, etc, then they misrepresented the condition of the bike, and the source of the bike, and the terms they have with Yamaha.

They, then sold you an auction bike and represented it as a new bike with a full Yamaha warranty. Yamaha should not be happy with that.

And you could sue for misrepresentation. You could sue Yamaha for being involved in this and allowing a full new bike warranty to be granted - misrepresentation - a fraud "feel" that Yamaha should not want to be involved in. Nor should Yamaha want to be involved in a "quality" and misrepresentation, fraud type suit.

What would be good for you is if the purchase price is below the upper limit of a small claims court suit. If so, you can sue either or both companies with no legal expense of your own. You simply stand up in front of a Judge - present your case. But the companies will have to hire lawyers - Yamaha would have to send out a lawyer and put him up in a hotel - stuff they don't want to do. Especially if there is a possibility that they will lose and their name can be damaged.

Small claims courts are excellent that way against the big boys. You just gotta hope the $10,000 is small enough to be included in small claims court.
Check your own jurisdiction. The dealer would hate to have to send a lawyer out to your place. They would likely settle.
Just do not be nasty.

Document what has happened. By that I mean write up a letter - just facts - no emotion - and present it to the dealer at the time you are returning the bike - if things go sour and he refuses to deal with you.

This is your fallback position - a lawsuit. Serial numbers, dates, damage description, description of you returning for your full original value. No emotion! This is the letter that a judge is going to read. Judges don't want to read much - short and sweet - too much, and emotion, pisses off the judge.
When the dealer sees your letter - and has time to fully comprehend it's intent and obvious purpose, he may buckle.

Write this letter as just a description of the sale, the condition of the bike, the warranty, your intent to return the bike due to misrepresentation. Don't say anything about a possible law suit in the letter. If you have written it adequately, they will be able to recognize that it is aimed at a law suit and is written as a piece of evidence and description for a judge to read.
Make copies.
After things have gone badly with your initial verbal request, then present the dealer with the letter. Have the dealer sign and date your copy as having received the letter. If they refuse to accept your letter and sign it (and they most likely will refuse), don't get mad. Just walk away.
Then modify the letter and send the letter to them with an addition added describing that you attempted to return the defective bike and present them with the letter but that they refused. Include the name of the person who refused in this new version of the letter and the date that the refusal took place.
Then send this revised letter to them, return receipt gauranteed.

At that point they may buckle and strike a deal with you.
If not, call Yamaha corporate and describe the situation. Don't have attitude! No threats - and no discussion of your letter - just a description of the facts. Just facts!

If they will not respond, then send a copy of the letter to Yamaha corporate. Look up online - find a Vice President of Marketing, or something similar, and send it to that person. Not the president - his minions will read it not him. (Add a cover letter describing your attempts to contact Yamaha corporate)
He will recognize what the potential of your letter is - and that is of a law suit. He will not want to be involved in a law suit. But you must be willing to follow through with a suit - even if not in small claims court - though small claims court would be so perfect for this - because they would have a large expense in defending themselves in an out of state courtroom. They would likely concede.

You do have rights. You just need to maneuver yourself properly.
This can and does work.
Judges don't like to see companies doing people dirty. But you must be likeable - pleasant, not angry, factual, and not verbose.

The distance thing is tough for you - and them, if they are involved in a lawsuit in your home town.

I believe you should not drive all the way there with a motorcycle in tow. You should work this by phone and letter.

The in-person things really helps though - which is what I have described.

If they turn you away with a motorcycle in your truck, you are kind of stuck. And they know that. It is almost perfect for them that you are long distance. They know you cannot keep coming back and forth - it'll eat you up - they know that.
So, you've gotta make them uncomfortable while remaining comfortable yourself.
You've almost gotta do this long distance - initially by phone calls - then by letters.
Take what I have written and modify it for long distance. All correspondence with return receipts. Those hold up in court. They know that. They will feel the threat.

This stuff does work.

Good luck.

I might add - in the future maybe don't work so hard at saving every last penny. "If it's too good to believe, it probably is".
 
Last edited:
Ssky0078 said:
I don't know if I could agree with you on the concept of long distance dealers don't give a crap. My first bike, '08 Fz6, I got from an ebay auction dealer from Maryland. The bike showed up perfectly detailed like new as described and even had a box over the bike as it was strapped onto a crate. Maybe because it was through ebay and the ever important comment/feedback section is worth gold to those vendors, but I though it was very professionally handled. I honestly don't know how they even made any money on the bike since I got such a good deal on it. It was less than trade in value at the time.
Click to expand...

Fair enough, but all things being equal dealing locally naturally has some built in advantages in the seller wanting to keep the customer happy(er). I've bought tons of stuff off eBay too and have been very happy, but eBay has penalties and charge backs for listers who 'don't play well with others'. And most sellers dread a very bad feedback, that can kill a budding little business. But it would seem Yamaha doesn't really care what their dealers are doing, which surprises me. I don't think anyone would say the buyer just had bad luck.....no, he was defrauded, being sold something that was not as it was advertised. He was lied to. The web listing says, 'New!', and any common sense person would think a bike sold by an authorized dealer with zero miles on the clock would be undamaged except for whatever cosmetic nicks might occur in the showroom from sitting around, and that it would come with a full factory warranty. Not being told of the damage and lack of warranty is fraud. The dealer probably figured a long distance buyer won't have the patience to fight them on it, or even discover the issues until miles were put on the bike, then they could deny all responsibility. Having pictures and ZERO miles on the clock works in the buyer's favor.
 
Last edited:
Evitzee said:
Fair enough, but all things being equal dealing locally naturally has some built in advantages in the seller wanting to keep the customer happy(er). I've bought tons of stuff off eBay too and have been very happy, but eBay has penalties and charge backs for listers who 'don't play well with others'. And most sellers dread a very bad feedback, that can kill a budding little business. But it would seem Yamaha doesn't really care what their dealers are doing, which surprises me. I don't think anyone would say the buyer just had bad luck.....no, he was defrauded, being sold something that was not as it was advertised. He was lied to. The web listing says, 'New!', and any common sense person would think a bike sold by an authorized dealer with zero miles on the clock would be undamaged except for whatever cosmetic nicks might occur in the showroom from sitting around, and that it would come with a full factory warranty. Not being told of the damage and lack of warranty is fraud. The dealer probably figured a long distance buyer won't have the patience to fight them on it, or even discover the issues until miles were put on the bike, then they could deny all responsibility. Having pictures and ZERO miles on the clock works in the buyer's favor.
Click to expand...

I agree with you on the fraud part. I agree with you on not wanting to believe that Yamaha would allow such behavior. I just didn't agree with you on the distance of dealers. The dealership I worked with in Maryland was very professional.

I hope J gets it all sorted out for the best.
 
As a welder, that chassis is NOT safe.

The weld is porous and will be like honeycomb inside, it was NOT welded properly and should have been rejected at the QC stage of manufacture.

You have been given sound advice in other posts but please be aware of how dangerous that weld actually is.
 
Thanks all. I got here a bit early so just sitting in parking lot waiting till 9am pst.

I see some shop people here but I'm not gonna hassle them, just wait till they open at 9


Sent from my iPad using Tapatalk
 
Full reversal like it never happened so far.

Mechanics are looking at R1 and my FZ1 is loaded in my truck already

4ybuduqu.jpg


Not sure why they want me to wait to inspect R1, but I'm not too worried


Sent from my iPhone using Tapatalk
 
Status
Not open for further replies.
Back
Top