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.

Misleading Information from Dealers

Discussion in 'Businesses and Service Providers' started by Goob, Aug 4, 2010.

  1. Hi All,

    Just bought my first bike! Pretty excited apart from a few things I found out about the bike after it was delivered. I looked around for 2 months before coming to the conclusion of purchasing from a dealer on the basis that it was a safer option even if it meant paying a little more.

    I was told by the dealer on Saturday that the bike was an 08 model, it has had one female owner and had already had its first service (bike has done 1,020kms). The servicing information was confirmed twice.
    On Monday, I went to transfer the registration and was advised that it was actually an 07 model. Went home and waited for the delivery, only to find the log book was void of any service history and that the first owner was actually male (customised plates in his initials too).

    Okay, so I don't mind all that much being lied to about the owner or which year the bike was manufactured. I am not too sure how to approach the servicing issue though. I had planned to ride around in back streets A LOT before going into traffic, let alone riding it to whereever to get it serviced.

    I don't know why a dealer would provide misleading information in order to make a sale on a not so expensive learner bike. Don't see what kind of benefit they could possibly get out of that!

    I have not called the dealer back yet. I'm not really sure what to say or what my rights are. I know I should be getting the bike serviced around the 1000km mark but do not have the confidence to ride it anywhere yet. Also I didn't think I would have to fork out extra for a service and/or bike transportation in the case that I get the bike picked up, serviced then delivered home again.

    Any advice or suggestions would be very much appreciated.

    Thank you :)

  2. is it a compliance 08 model or build 08....

    as for the servicing if it isn't listed in the book i would be asking for a full refund or get some quotes from other shops to do a 1000km service reckon it should be around the 300-400 mark and ask that amount too be refunded or they can take back the bike with full refund as what you brought wasn't what was advertised
  3. If you are happy to get them to do the service then insist on them picking it up and returning it, as well as the service being for free.

    You shouldn't have to feel pressured to ride it in traffic before you are ready because of their deceit or mistake!
  4. :-s Because all he wanted was your money!
  5. I am pretty sure they would get into trouble if reported, they cant sell you one thing then deliver another. Not only should they pickup and return your bike, they should be doing the first service for free. Furthermore, they need to mark everything in the book that they've done so you can confirm its been done! (you may or may not do this, but they don't need to know this). Oh, and welcome to the forums, what kind of bike did you buy?
  6. First service on every bike I've bought has been free, except the Storm as it was 2nd hand...

    Edit: when I say 'free', read: factored in to the sale price...
  7. Misinformation like this leading up to the signing of a contract does in fact invalidate the contract.

    so you have pretty strong ground to go back to him and insist on them doing the first service.

    As Stewy notes, it may be and 08 model. It just may have been build in 07. It is mostly the case for the scond half of any year and any model.

    Still confirm this and if it is indeed an 07 model then be even more indignant and try and get a better deal out of it.

    You might get the next service free or a pair of gloves.

    Remember signing a contract does not mean it is absolute. One of the requirements for a contract to be valid under contract law is that both parties fully understand the contract. Lying to you makes it impossible to meet this requirement.
  8. Oh and I should add that if you get no satisfaction; Name and Shame.
  9. plus 1000!

    also, if no satisfaction, return bike as contract has not been adhered to as they lied to get a sale. that is a HUGE NO NO!
  10. Tell them you want the bike taken back, don't ask for anything

    If they refuse, tell them you will report them to fair trading and seek advice as to whereelse to go from there

    My bet is it was actions.

    DO NOT RIDE THE BIKE; if you do so and start racking up km's you are evincing your acceptance of the subject of the contract and the misrepresentation.
  11. yeah... i'd be agreeing with this also.

    i'd speak to them firstly and ask why they lied and if they can do anything about it, above quote is the next steps i'd take.
  12. The company is in breach of section 53 of the Trade Practices Act.

    There's more info about it here:

    note: "It makes no difference whether the business intended to mislead or deceive you—it is how the conduct of the business affected your thoughts and beliefs that matters."
  13. You've been rorted to the tune of an initial under-warranty, stamped service, which is expensive, more than $300 from the dealers.
  14. This is 100% correct, and some big name retailers in australia have been done for Lotsa $$$ for seemingly innocent things as saying " it will be ready in a week" when it is not, as well as not correcting miss-understandings of the customer, "miss-leading by silence" etc ..

    Your case seems much more straight forward.

    so as the others have said, if you want the bike, hammer them to service it and give you $$ back.

    if you no longer want it , take it back. (or have them pick it up)
  15. Hello Lovely People!

    Thank you all sooooo much for the advice (every single one of you)!

    The dealers have agreed to get the servicing sorted out for me and provide all the correct paperwork with no extra cost! And no need to threaten legal action either haha.

    So almost two weeks later and I can finally start her up! She's a little red/black cbr125r, small bike for a small girl! :)

    Thank you all very much again!
  16. so the female owner being a male owner, the lies and the incorrect year... sorted out? :-s
  17. 2007 was the first year of fuel injection for these bikes - and I would avoid any "first run" model like the plague. They've ****ed you up the ass, I know I wouldn't stand for it - I'd demand a refund of EVERYTHING including rego fees, taxes, etc.
  18. I rarely get the book stamped, but I do keep the invoice

    I have a car sitting in the garage that I brought new and the books never been stamped, yet it's still had it's dealer services... Warranty isn't worth shit now though on the driveline, but if the radio dies maybe thell fix it.