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  • Bike Contract help

    Need some advice with regards to a contract disagreement.
    Was going to purchase a gsxr 750 from "a dealer" at the end of june. Part of the special conditions in the contract was that it was subject to finance. Was denied finance because of length away from obtaining R class liscense.
    Because of this i deemed the contract null and void. In hindsight out of courtesy i should have called the previous dealer and said i was going to try for bikes again at a later date.
    Ended up being approved for finance 2 months later at a different dealer (was $1000 cheaper) for same bike because of close proximity of obtaining liscense.
    Today the salesman at the initial dealer rings and threatens me with legal action and that he can if he wants chase 7% of 16.5k because he heard i purchased a bike 2 months after seeing him.
    Just wondering if anyone else has been in this situation and if so what my options are besides going postal.
    If its a lengthy response or you know how to make molotov cocktails (just joking,not,joking ) you can pm me and Ill send you my mobile
    cheers

  • #2
    ooh, that is a hairy one...I'd definitely be getting some professional advice
    For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
    For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

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    • #3
      1. Should have called when finance fell through, to agree on contract ending
      2. Should have given the first dealer the first chance to re-quote on the bike
      3. Did you sign anything?
      4. Don't sign anything new until you have the mess sorted out
      5. Seek professional legal help. Call these guys...

      Good luck.

      Comment


      • #4
        I'm pretty sure when a contract has the finance clause then the contract is bound by conditions set in that clause. Eg if the original contract says subject to finance approval, from Anz, within 28 days. Then you gotta try and get finance from anz and if you can't you have to genuinely try from others, for the remainder of the 28 days.. After that the contract would be deemed null and void. And thats it. Contracts finished. Unless ofcourse there are other terms in YOUR contract. Simplest and cheapest way to fix this, read you original contract, if your happy that you've met all the conditions and the contract is legally void, call the salesman and explain it to him, if he doesn't want to listen, talk to the boss
        Posted via Mobile Device

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        • #5
          Originally posted by olli View Post
          Today the salesman at the initial dealer rings and threatens me with legal action and that he can if he wants chase 7% of 16.5k because he heard i purchased a bike 2 months after seeing him.
          who is the salesman and dealer?
          Originally posted by Bendito
          If we get to a stop and we are missing a dozen bikes and you are last, it was your fault. Don't be that guy. No one likes that guy.

          Comment


          • #6
            1. Should have called when finance fell through, to agree on contract ending

            Yeah looking back at it this would have been the smart and courteous thing to do.
            2. Should have given the first dealer the first chance to re-quote on the bike

            That would more come under preference of personality
            3. Did you sign anything?

            Yes the initial contract which said "subject to finance" which was deniedbut legally he is trying to tell me i would be forced to at "some point" in my life purchase a motorcycle from him. Which is bullshit
            4. Don't sign anything new until you have the mess sorted out

            Yeah
            5. Seek professional legal help. Call these guys...

            Couple of friends are lawyers and i studied for a bit myself but if shit hits the fan ill give em a call and hand over my weekly salary for a 10 minute chat hah

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            • #7
              Get a lawyer...only if you are served with legal notice...your argument sounds like it will be that you tried and were denied finance for that particular contract, getting finance for another contract then has no bearing on the first. If contacted you could even say this to the dealer to fuck him off. It is not that likely they will do anything though.

              Above all do nothing until some sort of correspondence or action is directed at you. It may just blow over.

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              • #8
                Surely these have a sunset clause on the contract? 2 months latter is a bit rich IMO.
                Harvey community radio has a motorcycling show listen over the web here www.harveycommunityradio.com.au ,Facebook here http://www.facebook.com/pages/The-Mo...34691323302991 yes I am the goose that hosts it.

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                • #9
                  Originally posted by olli View Post
                  1. Should have called when finance fell through, to agree on contract ending

                  .
                  2. Should have given the first dealer the first chance to re-quote on the bike


                  3. Did you sign anything?


                  4. Don't sign anything new until you have the mess sorted out


                  5. Seek professional legal help.
                  1 Yes

                  2 Bullshit

                  3 Yes

                  4 Hmmm weigh up the risk of action.

                  5 Yes, if only if it is taken further.

                  Comment


                  • #10
                    Originally posted by g0zer View Post
                    who is the salesman and dealer?
                    Dont really want to fan the fire incase they troll here.

                    Originally posted by Nero Diablo View Post
                    Surely these have a sunset clause on the contract? 2 months latter is a bit rich IMO.
                    Exactly...What this ....person is saying is that at some point in my life when i have my liscense, a sound job and enough stupidity to deal with a snake like him i will be forced to buy a bike off him no matter how much time has eclipsed.

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                    • #11
                      DO you have a copy of the old contract? might be time to read the fine print.
                      Harvey community radio has a motorcycling show listen over the web here www.harveycommunityradio.com.au ,Facebook here http://www.facebook.com/pages/The-Mo...34691323302991 yes I am the goose that hosts it.

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                      • #12
                        Originally posted by Nero Diablo View Post
                        DO you have a copy of the old contract? might be time to read the fine print.
                        done.
                        legally i dont think hes got shit but i just wanted to know from other people's opinion.
                        The sunset clause was the date of application which was denied but he's saying it never stopped being in effect.
                        I didnt mean to waste the dudes time as if i had of been granted the cash then and there i would of bought the bike off him no worries, but i wasnt.
                        Oh well cheers for help anyway, bohica.

                        Comment


                        • #13
                          i wonder if the reason they waited 2 months before calling you about whether or not your finance came through is that the salesperson found out you had bought another bike in the context of getting chewed out for not following it up and letting a sale slip through their fingers

                          considering you had signed a contract for purchase subject to finance approval with no time period, then i expect the contract is valid until you inform the dealer that your finance has fallen through so they can close it.

                          now you have bought a bike from another dealer using finance, that dealer would be well within their rights to pursue you for breach of contract. i would be surprised if any dealers in perth were so litigious though.
                          Originally posted by Bendito
                          If we get to a stop and we are missing a dozen bikes and you are last, it was your fault. Don't be that guy. No one likes that guy.

                          Comment


                          • #14
                            Sounds like the dealer wants his margin to me.

                            After I declined finance and paid with cash for my other bike the delaer tried to sting me with a $267 finance pre-approval fee. It turned out the finance lady wanted her commission which she would have gotten from the finance company had I signed the contract.
                            Originally posted by Desmo
                            Why be a cunt about it?

                            Comment


                            • #15
                              Business is slow at the moment and it looks to me like someone that's having a particularly bad time is clutching straws. Long term, any dealer that pushes that bullshit only serves to damage themselves what ever the legal outcome of the situation. Word of mouth is the best advertising money can't buy and human nature dictates we spread bad news much faster than good.

                              Best of luck with it.
                              In complete darkness we are all the same. It is only our knowledge and wisdom that seperate us. Dont let your eyes deceive you.
                              Its the little things that make the difference
                              Originally posted by IPIT on relationships
                              If either/both of you can take a dump with the other person being next to you within a week of meeting them then you're in with a VERY good chance.

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