Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Help guys advice needed urgently!! [vic]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Electro, Oct 1, 2009.

  1. I really need advice urgently on what to do and what my rights are with this issue.

    I put a deposit down on my first bike last friday and the bike was to be supplied with a RWC. It needed chain and rear disc. The sellers mechanics did everything required for the RWC but also changed the throttle cable which was a little loose but not damaged without telling the seller about it and they now want to charge ~$150 for it ($40 cable $110 labour as it was a tough job aparantly). They also claim that the actual mechanic who stuffed up quit this week.

    They replaced the cable without telling her but refuse to take blame for it and won't supply the RWC unless someone pays for it. She refuses to pay for it and now wants me to pay for it because she only agreed to pay for the parts the bike needed for the RWC.

    She started asking if I wanted to back out (I think someone may have offered her a higher price?). Even if I do pay the $150 for the cable the bike will still be a good deal and I don't want to lose the buy but these actions buy the mechanic are unethical and dodgy...

    Can I agree to pay her for it and then chase up the mechanic... i know who it is?

    What should/can I do?

  2. Re: Help guys advice needed urgently!!

    You said it yourself; the bike would be a good deal even with the extra $150. Buy it. Then tell the mechanic you won't be going to him and neither will your friends. IMHO a good dealer will ring the customer BEFORE commencing any extra work. I make sure of this by explicitly stating it to them when I take my vehicles in for a service. I've been burnt before, to the tune of around 500 dollars. Beware.
  3. Re: Help guys advice needed urgently!!

    IMO you've answered your own question. You're prepared to pay for the extra item to get the bike. You can back out and get your money back but you don't want to. End of story, isn't it?
    I don't know what contacting the mechanic would achieve.
  4. Re: Help guys advice needed urgently!!

    It really had nothing to do with me. The contract of sale stated that she would supply the bike with the RWC and I would pay $X for it. Thats it. It's not my fault the mechanic did this and I should not have to pay anymore than I agreed to. She agreed to supply me with the RWC and I pay her $x dollars.

    Anyway I think I'll just pay the extra because it's not her fault and they did fix something that is (or will be soon) in my possession.
  5. Re: Help guys advice needed urgently!!

    How about you and the seller split the difference?
    It may not hurt to have the bike inspected by someone else after the purchase as the mechanics sound a bit dodgy
  6. Re: Help guys advice needed urgently!!

    Tried that already. She won't go for it.Technically I can make her pay for it because of the contract of sale but it may get messy and I don't have the time or patience to argue this and argue that. I just want the damn bike :)
  7. Re: Help guys advice needed urgently!!

    Then buy the damn bike.
  8. Re: Help guys advice needed urgently!!

    Did u put a deposit down at all?
    If you have put a deposit down and both signed the contract (the seller at least) and it states x bike for $x with a RWC, etc. You should be able to hold the seller to that. It is up to them the to argue with the mechanic, etc. If the seller tries backing out of it, or making u pay for the cable (and you refuse) you have action against the seller for any loss you have occurred. Eg. deposit back, any extra cost to get a similar bike. You could also possible force the seller to be held to the contract but this is unlikely.
    In the end its $150 and if you reckon its a good buy even though it will cost you the extra go for it. It will save you having to replace the cable down the track.....
    One other thing...try offering the store $50 (the cost of the cable-retail) It wont have cost them that much and they wouldnt have paid the mechanic $110 an hr, maybe $30 tops...so point out the cable probaly only cost them $20ish and labour was only $30ish os you'll pay $50 to cover their costs.

    Good luck!
  9. Re: Help guys advice needed urgently!!

    You have a deal for the RWC and the original price. The seller needs to take the issue up with the dealer, not try to handball it to you. They need to grow up.

    The issue with the throttle cable is less clear on the info you have here, but the dealer may have a case that for the RWC it was needed, but that also may not have been the case - hard to say for sure, but if they're issuing the certificate they would probably argue this. My thinking is they should have called the owner, but again, in the case of getting roadworthy it's not quite the same as usual. Then there's the possibility that the seller is fibbing about this bit to some degree to make a better case for being the poor innocent victim and playing on your pity.

    That said, $110 to replace a cable sounds pretty rich, but depending on the bike I'd be inclined to think it's poor workmanship, especially since they then (allegedly) booted the mechanic. In that respect I can relate to the seller feeling put out, as they may be being treated unfairly. Still their problem though, because a deal is a deal. They can ask that you pay the, but shouldn't try to assert that you should. A deal is a deal for a reason, and they need to understand that and learn form this.

    The trouble is there's a good bit of hearsay in all this and the issue is clouded in some respects.

    But to me (yes again), a deal is a deal.

    I was offered $500 more for the last bike I recently sold the morning after I'd agreed to the sale with another buyer on the phone. Missed by that much. I could have called back the first buyer and told him:

    a) I wanted the extra or I'd sell to the the other bloke,

    b) Untruthfully that I'd changed my mind about selling,

    c) Truthfully that I'd had a better offer and the deal was off.

    But I'd said on the phone: "OK - deal". That's my word, and while the extra $500 would have been very welcome, my name and integrity are worth more. So the first buyer got his bike, as agreed.
    When someone deals with me they get that.
  10. Re: Help guys advice needed urgently!!

    Try to do a 50/50 deal on the cable with the seller. If that fails just buy the bike. You will forget all about the $150 once you start riding.
  11. Sitution is as follows.
    You bought a bike for XX dollars.
    You have a contract to that effect.
    She (legally) cannot change the terms now, and you CAN TELL HER that you want the bike for the original price.
    If she does not supply the bike, she has breached the contract and damages are payable.
    This however would get ugly and take time to sort out.

    You have two choices:
    (i) Pay the extra $$; or
    (ii) Demand your deposit back and tell her the deals off.

    What transpired between her and the dealer is irrelevant, and not your issue. You also have NO legal relationship with the dealer and they do not have to pay you anything.
  12. Your deal with the seller stated that the bike would be supplied with a RWC, irrespective of the cost. End of story.
    However, in the interest of keeping the peace, perhaps you cold offer to pay half, as has been suggested.
  13. In the end I just payed the extra $150 odd as I don't think it was her fault for the stuff up and I was still happy with the deal as a whole. I was arguing for the principle of the matter (and the repair not really costing $150) not the actual $150 amount Pfft. I didn't care about paying the extra money.

    Like you guys said in the end arguing "principles" in this instance would have cost me more time, energy and probably money and a good example of a bike so meh.

    Anyway pretty pleased with the bike I rode it around a bit and it was an awesome ride. Can't wait for the weekend!!! :) :)
  14. If the throttle cable was dodgy, $150 is worth spending not to have it break on you half way through an overtake!
  15. That's what matters, I s'pose. If you love the bike and are happy with the price, then good luck with it.

    Me, when I sell a bike, I look at what it may cost for repairs and factor that into the price. When the sale is agreed upon, I get a deposit. I then get the RWC done. Anything extra from that I bear the cost.

    It's the only fair and reasonable way to do it.

    But from a legal standpoint, TheTramp's advice, as usual, was correct. The contract was between you and the seller. What the repairer charges to get the bike roadworthy is between them, not you. You could've backed out. But there is also the issue of getting your deposit back.

    A receipt in writing helps if you end up going to court over it (if it's worth the time and effort, that is).

    The other option is to rock up with a few mates and politely request your dough back, if you're prepared to go down that path. Most aren't.
  16. If the throttle cable was on its way out you would have to get it replaced soon anyway... Buy the bike, pay the fee.
  17. Picked up the bike on thursday and paid the $150 for the cable. I'm glad I got the bike now and not bothered with all the stuffing around had I tried to argue the issue with the seller.

    I had an awesome weekend riding and am extremely pleased with bike. Good result in the end. :)
  18. wise choice grasshopper