I got burned bad

[Matteson]

Fringe I don't have any texts documenting that. Only his ad which is no longer up. Would it be possible to recap the transaction and what was asked and said. Wouldn't that just be hearsay? But he would have to get an attorney to counter what I said? If he was local this would call for an old school fist fight.

 

[thrstrmech]

probably why he removed the listing so fast...

 

[user_deleted]

Fringe I don't have any texts documenting that. Only his ad which is no longer up. Would it be possible to recap the transaction and what was asked and said. Wouldn't that just be hearsay?

no sir.....no heresay. you're thinking in terms of a criminal proceeding. this is possible civil litigation. follow my steps as i outlined them above. the first thing to establish is whether or not you can file and then proceed visa vie mail and/or phone. if so you're good to go and if that's the case do the following:
1-original ad and text of ad where presumptively there is NO mention whatsoever of frame damage. here's the trick: seller probably mentioned several details and particulars about the bike establishing his knowledge. the inference there is that if there were cracks at time of sale to you he would have known it. see the logic?
2-simply commit to paper your conversations with the seller being what was said, times and dates and locations of conversations, how he represented the bike to you, etc.
3-lastly----simply establish that all this damage in essence makes the bike structurally unsound and unsafe and is impossible to have taken place during your transport.
hope that helps.

 

[user_deleted]

Report your old bike as stolen, get it back.

that's an excellent suggestion if you want to be charged with filing a false police report.....a misdemeanor in most states.

 

[mrlogix]

wow lunatic, I'm impressed. Used to be married to a lawyer (never, never marry a lawyer unless you are also. The divorce turns into a major fuckery of my ass). You are correct in that it will be a civil suit instead of criminal. Good advice. Not Buell tech, but still excellent advise.

 

[user_deleted]

thanks logix and appreciate the kind words. i don't know if he'll follow my advice but for a simply phone call and 15 minutes online you can often file a civil claim in similar situations to this. if it were me i would in a heartbeat. thanks again for the very kind words.

 

[Matteson]

Ya but I have no proof of what was said. Should I still try?

 

[mrlogix]

yes, just like lunatic detailed. In civil court the rules are a lot different. Detailing everything that happened from the first contact to the actual transaction will help immensely. Just be careful of using words like 'I think', 'maybe' etc., etc. Can't hurt to try, what do you have to lose. Make the call or go online to the jurisdiction of the transaction.

 

[Matteson]

I was just reading up on the law in texas. Found this (9)  advertising goods or services with intent not to sell them as advertised; there is other stuff in there along the lines of that statement.
Also if I file he would have to combat it on order for me not to win? I know this isn't a legal forum but everyone I have done business with on here can be trusted on my book. Thanks guys.

 

[AlanS]

You might ask the local Kawasaki dealer if they'll cover the defect. Chances aren't very good. But worth a try, especially if this is known as a potential 'manufacturing defect'. In lieu of that you might be ahead to simply pay for a proper repair and chalk the $ up to your education.

It sucks that there's unscrupulous asshats in the world. It really sucks when you run across one and he/she sticks you. But sometimes…you're ahead of the game to look after yourself first…and let Karma (fate) take care of the jerks. Believe me, this guy will pay for his 'sins' time and time again over the course of his life. If he treats you like dirt, he'll treat others the same way. Some of them would be people who could care about, or love him. He will burn them down, one by one, and himself in the process. Nothing for you to gloat about, or even take comfort from, really.

Figure out what it'll cost to bring this guy to 'justice'. Compare that to the monetary cost of getting the frame welded properly. Factor in your time and trouble doing both. Then decide.

Sometimes the smart move is to walk away from a fight.

Alan

 

[Matteson]

The welding is free if I use the guy I work with. He is a "certified" welder . I don't know what the entails.

 

[Theycallmecrash]

If you dont know what that intails dont use him. No disrespect to your coworker, but if you dont know how good he is its a gamble. It would be worth it to seek a reputable/known for their skill as a welder. Ive been screwed over on this, going to the most popular exhaust/fab shop in my area... 2 exhaust systems fell off, and they damaged my oil pump and said no liability.

I now have 2 very skilled welders I go to for either exhaust work with one guy, or aluminum specialty with another guy. Both have out done what I expectes every time. Oh and they were cheaper

 

[Matteson]

That's what I told him in nicer words. Basically I said I would shop around.

 

[lawdog]

I wouldn't bother pursuing legal action. You would have to prove that he knew about the defects and omitted the information on purpose. His defense is going to be I didn't know about them. Unless you can prove that with something other then your testimony don't bother. Almost all used vehicle purchases are as buyer beware.

Fix it and move on. God pays us for all our sins one way or another whether it be a divorce, financial hardship, medical problem, etc down the road for him.

 

[lawdog]

Life is too short to stress about the little stuff! Fix it, enjoy it, and have fun riding. It is what it is.

 

[Matteson]

Agreed lawdog. A couple days have gone by and I'm getting over it. But this is going to be expensive. And we get slow in the winter.

 

[rah7777777]

Rule #1 when buying anything used: NEVER trust the seller. Look everything over in great detail, your fault if you don't!

I eat my words too... Few months ago I bought a WR450F, I looked it over okay, paid and loaded her up. Got home to find a leaking fork seal and further inspection found the wiring was F'ed up!! (Bad bad wiring job)

Had to re-wire the entire bike and do new seals. Took me 2 months as I have about a 1000 other things going on.

 

[agfish18]

get it fixed and next time your in the Dallas area stop and piss on the door handles of his car

give me his address... I live near the Azle area and can piss on his door handles for ya!

 

[mrlogix]

^^

 

[Timeless]

Did you sign a bill of sale? If so, was the bike sold "as is?"