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QLD Unknowingly bought written-off motorcycle

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Paddo, Apr 8, 2011.

  1. Bit of a saga here. Firstly yes I'm a schmuck for trusting the dealer when they said it was immaculate and hadn't been repaired.

    OK, so I purchased a nice used motorcycle, from a dealer. I was informed the bike, to the best of their knowledge, hadn't been repaired or resprayed (all verbal).

    An inspection of the bike yielded no surprises. Was in immaculate condition. This was an interstate purchase, from a QLD dealer, so I arranged for shipping. It was sold unregistered.

    A series of events made me realise that something was amiss here.
    1) Indicators didn't work properly, when fixing, the mechanic mentioned that the bike must have been in an accident, as there was internal damage (not external)
    2) Inspection of the paint yielded a colour differential in one small section, this only showed under some conditions. Being OCD I took took it to a spray painter.
    3) Spray Painter informs me the entire bike has been resprayed professionally (a very good job he says) and points out all of the evidence that my untrained eye could not spot. I later learned that almost nothing on it is OEM, apart from dash and mirrors, which probably came from another bike anyway.
    4) So I checked the written off vehicle register, and wouldn't you know it, the bike was written off in 2008. Would've had a market value of 15k or so at that time. This was 1 week after accepting delivery of the motorcycle.

    After this I contacted the dealer, who apologised - and pleaded ignorance. I stated that what was agreed to did not match what was delivered. I offered to return the bike at my expense, for a full refund. I will accept responsibility for all of my out-of-pocket expenses associated with the purchase. Sounds fair right?

    Unfortunately the dealer did not agree. I then contacted fair trading who told me that the dealer was obliged by law to tell me the motorcycle was on the written off register, so I lodged an official complaint.

    As an aside, although not important to me unless I were to keep the bike, which I won't be, the bike had some undisclosed "masked" damage.

    Incidentally price paid was fair market price for an original, undamaged motorcycle of same age and kms. So I can probably get them on that somehow for not disclosing written off register status. Market value should be reduced.

    Basically, what I want to know is, has anybody had any experience with this before? And if so do you have any advice re dealing with this situation and getting a good outcome? All I want is a refund, I accept the loss of all of my registration expense, I learn to vcheck everything before purchasing, and I buy another one, that's all original, and hasn't been written off previously.
  2. whos the dealer?
  3. Name and Shame
  4. #4 Paddo, Apr 8, 2011
    Last edited by a moderator: Apr 23, 2014
    Sad thing is I have a yoshi in the mail... I guess replacement bike once all this blows over will have to come with a stock exhaust.

    I checked the code of conduct and found this, could be interpreted that they were at fault by not checking if it was written off.

    Finding out or verifying material facts
    (1) A motor dealer appointed for the sale or purchase of a used
    motor vehicle must take reasonable steps to find out or verify
    the facts material to the sale or purchase that a prudent motor
    dealer would have found out or verified in order to avoid error,
    omission, exaggeration or misrepresentation.
    (2) The steps must be taken before the motor dealer offers the
    vehicle for sale and afterwards as the occasion arises.

    I also found an ammendment to the code of conduct that specifies that they must inform any purchaser if a vehicle is on the written-off register.
  5. They are trying to bluff you - start taking action and see how quick they become helpfull
  6. That's piss poor!

    They should refund and admit their lies and cruddy saleswork - lying to sell a bike - tell them to shove it!
  7. I've had no dealings with this situation however I wish you all the best and hope that you get what you want.

    I also hope that they get what's coming for their underhanded and unethical tactics.

    I bought a new bike recently and I went to several dealers. The thing I learned is that you can't trust anything they say. My advice to anyone is, unless the bike is brand new current model bike.....don't buy anything from these arses.
  8.  Top
  9. Very much prepared to take this as far as possible until I get the outcome I want.
  10. I have dealt with this dealer before. Thankfully my experience was not as bad as yours, but I was still way less then impressed. I live in Melbourne, saw the bike I wanted on their internet site, so I called them, asked questions and the like, and put a holding deposit down. I flew up 2 weeks later to check it out. The bike itself was what I wanted, though it was not quite in the "cant tell it from new" condition they said it was, and it was quite dirty. Part of the real was that they transported it to Melbourne, detailed it before sending, had all original keys, etc. I was told I would get the bike by the end of the week, so I paid up and flew home. Three weeks later after a lot of liesabout the transportation the bike finally arrived, with just one key, very dirty, not detailed, etc. After a lot of time and effort I hadthe bike looking as it should and also had a second key made for it, but I was annoyed. I sent a letter to the manager outlining the problems, lies, etc and expressimg my disappointment with the salesman. He rang me a few days later and apologised, said that the sales guy was recently sacked as he "did business in a way we didnt agree with and wasn't aleays truthful with clients". Sounds to me as if the owner is the liar and cheat.

    Like I said, I was lucky in that my bike is what it should be, but I still have a sour taste in my mouth about the dealer. My advice is to fight them as hard as you can, don't let them cheat you. A timely warning to others looking for a bike, avoid this dealer !!!
  11. Interesting. The masked damage I referred to includes:

    - For some reason the tank protector was way up the tank, as opposed to in the "belt buckle zone" where it should have been. I peeled it off to reveal undisclosed damage.
    - There was a sticker over the clutch cover. I peeled it to reveal a rough clutch cover, resprayed
    - There was another sticker on the right hand fairing, which I peeled to reveal a damaged, unpainted section about 2-3cm in diameter

    I actually mentioned the stickers (for some reason some people like putting stickers all over bikes, not for me, but whatever)... specifically relating to my concern that they are masking some undisclosed damage. I was told that they definitely were not and it was all good, showroom condition, immaculate etc.

    Even after discovering this I was willing to accept the additional expense to rectify, but upon discovering that the bike was previously written off, and virtually nothing was OEM, I decided to take action. For all I know the bike has $200 ebay fairings. It's a shambles. I can't even order a factory decal to fix one side, because the other side isn't factory, and god knows which of 100 different after-market ones it is, and it's been clearcoated. So now it's almost a full respray @$700-$1000 and 2 new factory decals (@$90 each) to fix a 2cm spot.
  12. What bike was it?
  13. a "barge" :) ZX12R
  14. Sounds like they have already said 'no' to that offer... I wouldn't be offering it again. I'd be fighting tooth and nail to get compensated.

    As a side note..did you say 2008?? Or was this recent?
  15. bike is an 06 model. Was written off in 2008 and sold unregistered to me just recently.
  16. Sooooo this!

    When I bought my Trumpy I went to great lengths to ensure I was getting the real deal, including getting their signature on paper stating it's never been on the WOVR.
  17. Sorry did you state if it was a stat write
    Off or repairable write off ? Two very different scenarios !
  18. repairable...
  19. wow i'm shocked. i serviced my 600 for over 2 years through them. I thought they were very trustworthy when I instructed them to replace all fluids at the 36k service. I didnt know that that had been done at 30k by another dealer I had used. They told me it had already been done instead of double charging me and theyve always had decent servicing prices. Looks like i'll have to find somewhere else to service my new bike from now on :(
    Thank you for your post, and I wish you best of luck. Personally I think they should pay for everything including return costs.
  20. Had I come into some serious grief due to structural damage their liability would've been a hell of a lot more than the minor inconvenience that it is now.