Help advice needed

[Flyer5]

A little advice needed . I am purchasing a bike VIA internet from a large dealership .I don't want to say exactly where yet . The original photo of the bike they advertise has a Corbin seat . The bike is on its way now should be here tonight sometime. The person bringing the bike up sent me photos of before he picked the bike up at the dealership and it has a factory seat no Corbin . I called today and was told too bad the seat was sold before I purchased the bike and never asked about the seat . I believe I did, knowing I didn't have to purchase a $700 seat was part of my decision to pay what I did. But I really don't have proof of this .He said I should have asked, like I said I believe I did mention it . He said anything that is not stock can be sold before the bike is sold . I stated that he should have stated in the ad that the seat was no longer a Corbin or changed the picture .Would this be a misrepresentation of product ? How can I handle this without going thorough legal channels ? Do I even have a leg to stand on if I have to ? The ad was a very generic so any info I received about the bike was from our conversations on the phone . Being 600 miles away I had to trust him . Does this mean I should have asked if it had oil in it since that is not stock . I understand buyer beware but this is just deceiving whether it was meant to be or not . Should I just lick my wounds and move on ? I will try to post pics . http://bmwsporttouring.com/ubbthreads/images/icons/frown.gif

frown

[Flyer5]

Heres what I am getting .

[velomoto]

I would have expected that what was shown in the picture(s) was what was for sale. If they had the Corbin seat in the pictures AND if there was no mention that the Corbin seat was not going to be included, then IMHO you have a very legitimate complaint.

 

Based on their reasoning, they could've sold the original bike to another person and shipped you something entirely different! I believe this practice is commonly known as "bait and switch"???

[Lineareagle]

I agree with velomoto. If they did not specifically say that the seat was for sale separately then how would you know that it would ship with a stock seat.

The seat in the pic is the comfort at least.

Other dealers in their ads will point out , "does not come with XX" , or as pictured, or representation only, in order to avoid just such a situation.

I think they should offer something for the misunformation.

A service, discount on farkles, something.

 

Eventually if you tell us who it was the membership here can be pretty persuasive!

[tallman]

Dave,

Unfortunately this is one of the disadvantages of long distance purchasing.

Depending on the ad, (do you still have the link/original)it would most likely be a misrepresentation on their part.

Have you taken delivery?

Was the VIN # in the ad?

Check cleared?

The seat may be the least of your concerns.

The picture looks like the bikes are stored out of doors behind the gate?

If they would switch a seat from the advertised photo (assuming no caveat in the ad), what other shortcuts may have happened?

I'm sorry you have this problem.

There are ways to try to solve this.

Contact the dealership owner.

See what they will do for you.

Does the salesperson speak for the owner?

They need to do something (again assuming nothing in ad) to compensate you and re-establish good will.

Best wishes.

[St_Louis_Don]

I've bought and sold a couple of MC & Scooters online. To me...as a buyer and a seller. The whole point of the pic is to show exactly what is for sale.

 

I know this is after the fact. But for future reference. I save all my emails (sent and received) till the entire transaction is completed.

 

Please consider sharing the dealer’s name with the Board. It may save other from the same fate.

[Flyer5]

Thats my thoughts also I get what is in the picture no more no less . I was told the manager will not be in till Saturday . I am holding off giving the name till I speak with the owner/ manager. Before buying the bike I checked with the BBB and they are on good standing with them with no complaints. I will have to check with them if I don't get any satisfaction on Saturday . Thanks Dave

[Flyer5]

Also what I am looking for is.Do I have a good case ? And how would I go about resolving it if speaking with owner doesn't go anywhere . Thanks ,Dave

[BUSTED]

If the dealership switched seats on you, also check the bike for the tool kit which is standard equipment. Unscrupulous dealers often steal them out from under the seat and sell them separate. They'll tell you that it wasn't there when traded in but, they'll also tell you they have a used one for sale!

[Bob_Minor]

Also what I am looking for is.Do I have a good case ? And how would I go about resolving it if speaking with owner doesn't go anywhere . Thanks ,Dave

 

If you have the pictures from his original posting, then I think you have an excellent case. Small claims court is the usual avenue to resolve this kind of issue. There is no way he can justify switching seats withou telling you. You might also remind him that the internet has made the world a small place and that people will be reading about this.

[ashleybiker]

Hello Dave. I’ve read some of your previous posts to help me fill in some blanks. Still there is a lot of missing detail regarding your purchase transaction that makes it hard to give pointed feedback. In any event, it’s a shame you were not able to travel to the Dealer and personally check out the bike before purchase. That’s behind you now.

 

First, congratulations on expecting a child! Second, whatever happens don’t get too bent about the seat. State your position with the Dealers decision maker. Keep it professional and positive. Don’t threaten adverse action against them. There may be an upside surprise, who knows.

 

If not…. lesson learned. It’s only $700.00 if you bought a spanking new saddle direct from Corbin. You might have hated that old Corbin anyway! Principles aside, somebody connected with this board can probably help you find a suitable seating solution in your price range if you don’t like what was shipped with the bike.

 

Hoping your bike arrives ok and ready for riding!

[eruff]

They had no right selling off parts of the bike in the photo and delivering something else. I can't see any judge supporting their position. I think you could refuse to accept delivery and ask for your money back, in court if necessary. It's also hard to believe a dealer would back a salesperson like that. On the other hand, you may have such a good price on the deal that you will accept it, regardless of the seat issue. As another poster noted, there are precious few details about the transaction other than the seat switch. Have you paid? Did you use a credit card? Sometimes credit card companies will go to bat for you, it worked for me with some camera equipment. Let us know how it turns out.

[Flyer5]

By the time I got the pics and realized it was not the seat planned the paperwork was filled out, check cashed and filed, and the bike was on its way north. Dee Jones and his girlfriend Denise were nice enough to ride it up to me .They are a great couple and they definatly love to ride . Them bringing the bike up is another story which I will post soon as I get the chance . I guess I was naive enough to feel a large dealer would be honest .I did checking with the local BBB and they have no complaints against them . The bike is a good deal with not having to spend $700 on a seat . But if I have to invest in a seat then I would have been better off buying a bike that was a little more and doesn't need the cosmetic work this one does . They were for the most part honest about that . They told be about some scrapes on the rt side very minor . But figuring I don't have to buy a seat I can get the plastics all fixed up next winter . That theory is out the window now . If I fix the cosmetics and put a good seat on I will have overpaid for the bike . They need to honer what they advertise .There is no disclaimer on the ad stating this bike may not have all the items in the picture I shouldn't have to ask does this bike come with a stock seat or the one in the picture .

 

 

 

Here is the wording from the ad .

 

"2000 BMW R 1100 RT - ABS, Comes with bags! Great price! Ah, the 90 horses made possible by the fuel-injected, multi-valve technology. The nimble handling and control, courtesy of the Telelever front suspension. The ABS II. And the electronically controlled windshield and wind-cheating fairing. Think about all these features now. Because when you're clipping along the double yellow in the world's sportiest tourer, your mind-and-body will undoubtedly be a million miles from nowhere."

 

No where does it state this bike may not have all items in the picture because we are greedy and want to make as much off this bike as possible by screwing the customers.

Thanks , Dave

[E30TECH]

I agree with what has been posted. The pictures show what you are getting. What was the point of taking the photo with the Corbin rather than the stock seat? To mislead the buyer. I saw the ad, there is no mention of it being sold yet?

 

I think what the dealer did is just plain wrong. If the seat is sold, they should give you credit to use on their website. I'm going to do a little digging to see what complaints I can find. If I find anything, I will PM you.

 

By the way, utilizing BBB.org has proven successful with me. I bought a truck that was not as advertised. I was refunded all of my expenses, PLUS a little extra with a note that said "have lunch on us". That came from the owner.

 

Most importantly, stay calm and be polite and get the people's names.

 

Good luck

[Flyer5]

I am not releasing the name of the Dealer for the reason that I have not spoken to the owner yet ,he is evidently out of town till Saturday . I will see how that goes . I have been up to this point fairly polite. I guess as polite as you can be when you get Scr#$#d .I believe the seat is a Sargent also I was looking through there website saw what I believe is the same pattern . On a good note ,I put a little over 200 miles on it today and it seems fine .The only thing I can find wrong is either the speedo or speedo cable . If I stay below 70mph it is fine but if go past there is a whinning noise that starts and stays till I get below 30 . If I ride at 75 -80 I cant hear it so I just tried to stay above 80

whatever its not bad .The stock seat really does suck , Dave

[deejones]

Dave, I forgot to mention that annoying speedo. On the wayup it would occasionally thrash around like a drowning man flailing for air. It seems to have a mind of its own. Sorry about that. Glad you got out on the scoot for a ride today. I'll be in touch. Thanks for everything.

[beemer_me_up]

I had this happen to me. The dealer showed the bike with saddlebags on it. we came to a price. When I went to get the bike there were no bags on the bike. I told the dealer no bags no deal. They finally gave in after they believed that I would walk. good luck to you

[Flyer5]

OH so your the one that broke it . First you get it all dirty then break my speedo . It was good for 92000 miles in 600miles it falls apart . .Just kidding! Again Thanks and I owe ya one . Thanks ,Dave

[Jerry Johnston]

In your first picture the seat doesn't look like a Corbin seat it looks like a Sargent? Corbin has labels in the middle on the bcak of the front and passenger seat.

[Todd_Z1]

Ownership is 9 tenths of the law and you accepted the bike and have ridden it, it is now legally a done deal. Contact the owner and discuss your issue regarding the seat and see what he will do. It looks like it was a used seat so I doubt it was worth $700, maybe $450 used if it was leather. I would do some shopping around and see what a used Sargent in good condition goes for. What ever the average price is you come up with that is your bargaining position. I would hold this in reserve until you get some indication the owner is going to make a good faith effort to do you right. If you get to this point float the price you arrive at and how you came by it and then see what he says. In your position I would settle for a service credit or parts credit of not less than 80% of the used price of a similar seat IN WRITING. If the owner says the deal is done and there is nothing he can do you can either get a good lawyer and take your lumps, or perhaps file a complaint with the Better Business Bureau. You might also try filing a complaint if it is a BMW dealer and let them know you will be sending a letter of dissatisfaction to BMW of North America. If you send the letter, send a copy to the dealer as well. If I was the dealer I would not give you the money back. I would make a good faith effort, in writing to "cure" your ills by negotiating a compromise deal. Then I would go get me a large piece of someones @ss for screwing up.

 

Cheers!

[Flyer5]

Todd ,I agree I am not looking for full value of the seat. I realize that it was used, I also would take store credit in writing for a negotiated amount .I am not unreasonable, I will need parts someday . But basically I was told by the salesman, TOO BAD!! . Thats the part that ticks me off. Hopefully I will find out today . Dave

[Flyer5]

Advise on value of a good used after market seat? They all seem pretty much the same new. Can I get some feedback on this? Dave

[UberXY]

I bought a Sargent new for my R1150RT off eBay for considerably less than the price advertised on the Sargent website. No hassle deal, looks and works fine.

 

BTW, the internet is the last place on earth I would seek legal advice.

[Flyer5]

UberXY, I wasn't seeking legal advise per say .I was seeking opinions . Any final desision I make is my own responsibility . Just like buying a used bike in the end it is my final decision and choice and I have to live with it no matter if someone reccomends it or not .I have the final say .

Well anyway I spoke with the owner this morning and he returned my call with a resolution that I was pleased with actually I recommended it (thanks to ideas from this forum ,which is what I was looking for ) . He will keep an eye out for a used seat of type for me. They take trades every week so .I told him if it takes a month or 2 I can live with that . He was very helpfull in resolving this issue, he did not argue at all that I deserved to get what I paid for and understood my position . So in the end it hopefully should work out .Thats all I was looking for from the salesman but it seemed like he couldn't be bothered to come to a resolution ,untill the owner spoke with him . There was never a point where I was unreasonable ,speaking with the salesman I wasn't given any opportunity to come up with a solution . Thanks for all the support with this issue . Dave

[deejones]

Dave, I'm glad that things are looking up. I'll be happy to deliver the used seat as soon as its found. Happy that someone is somewhat accountable. The truth of the matter is it never should have happened. Glad it worked out. Try to get some riding in before you start hanging around the diaper pale. Later Dee

[Flyer5]

Hey Dee . I have over 200miles on it so far . I rode to work this morning 20miles 34 degrees just a leather jacket and a light sweatshirt under it, and jeans of coarse . Wasn't even a little cold , now I get to ride home in the rain . Mark over at the dealer was pretty good to deal with . I will be more satisfied when I get the seat but at least I feel a little better about it . The thing I dont get is he said they put a brand new BMW seat on my bike wouldn't that be at least the price of a used sargent .

[Quinn]

Let us know if you ever get the seat. My paranoid self thinks he may have just told you that to get you off the phone and hopes you'll forget about it in a few months if he strings you along. Sort of like the punch list on a new house.

Also, when you get the seat, do you send the old stock one back to him?

[Flyer5]

 

 

 

 

Let us know if you ever get the seat. My paranoid self thinks he may have just told you that to get you off the phone and hopes you'll forget about it in a few months if he strings you along. Sort of like the punch list on a new house.

Also, when you get the seat, do you send the old stock one back to him?

 

 

 

 

I will post if I get the new seat . The owner seemed like he was on my side believe it or not . They do want the stock seat back which I have no problem with . Besides they have a toll free # if I have to call 30 times a day I will . I will give him a month and check on how things are going and as a reminder . Dave

[Blake]

I bought a Sargent new for my R1150RT off eBay for considerably less than the price advertised on the Sargent website. No hassle deal, looks and works fine.

 

BTW, the internet is the last place on earth I would seek legal advice.

UberXY:

 

Reread Flyer5's OP, he very CLEARLY states, "How can I handle this without going thorough legal channels ?"

 

And given the camaraderie and experience of this board, I WOULD come here and ask for legal advice - without hesitation.

 

I can figure out what I want to do after everyone replies and go from there, just like the OP stated.

 

Flyer5:

 

Glad everything worked out for you and the opinions and experience of this board were able to help you figure out what to say / do!

[E30TECH]

 

And given the camaraderie and experience of this board, I WOULD come here and ask for legal advice - without hesitation.

 

I can figure out what I want to do after everyone replies and go from there, just like the OP stated.

 

That is why I ask some strange questions here I have gotten great advice from here

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[boatzo]

Dave, Sounds like it will work out OK for you. For what it is worth, my bike had a Corbin seat on it when I bought it and I am not real pleased with it.(just another opinion). I think the Sargeant is better, but in the end, I think I am going to have to bite the bullet and spend the $$ for a custom seat to be comfortable.

 

If you aren't inseam challenged, many times a good used custom seat comes up on Ebay. It is worth watching for.

 

There is a thread way back on this forum (I can't find it) that had a real good seat comparison discussion. It is all going to be a matter of what fits you best and the comfort. I also bought an Air Hawk seat cushion that helps to relieve the hardness of the Corbin for long rides. This works OK and eases the butt, but puts me up higher so that I am on my toes at a stop. So, this old fat man keeps looking for a solution.

 

Glad you are enjoying the bike and wishing you best of luck.