Bad Sale... Need advice.

[agencyone0one]

Hey guys, I've been lurking here for a while but haven't posted much.

Anyway I just purchased a DRZ 400 off of craigslist a few weeks ago. It had the normal list of mods, the best of which was the FCR carb (big plus for me). So needless to say I ended up buying the bike and put some around town as well as highway miles on it before I parked it in my garage. Never having ridden a thumper or any 4stroke with a vacuum or FCR carb I thought it was pretty snappy compared to what I have read about the stock Mikuni (read thought it had FCR).

Fast forward to now as I'm disassembling the bike to do my usual tinkering.Now imagine my surprise when I find out the carb is the stock Mikuni . Now I need some advice/ideas on what I should do about this. He told me that the guy he purchased the bike off of did all the mechanical mods; I think this is believable since the person that I bought it from could barely take the license plate off.

I'm planning on giving him a call tomorrow to find out what up. Any advice on what I should say? I plan on playing dumb for a little bit and try to get the Previous Previous Owners phone number or see if he says anything fishy. But if I can't get that should I start to play hard ball? Is there anything tangible I can threaten him with so I can try to get some compensation or anything??

I'd imagine I'm up the creek since there was nothing signed or written down about modifications in the bill of sale.

[HOLLYWOOD33]

Hey guys, I've been lurking here for a while but haven't posted much.

Anyway I just purchased a DRZ 400 off of craigslist a few weeks ago. It had the normal list of mods, the best of which was the FCR carb (big plus for me). So needless to say I ended up buying the bike and put some around town as well as highway miles on it before I parked it in my garage. Never having ridden a thumper or any 4stroke with a vacuum or FCR carb I thought it was pretty snappy compared to what I have read about the stock Mikuni (read thought it had FCR).

Fast forward to now as I'm disassembling the bike to do my usual tinkering.Now imagine my surprise when I find out the carb is the stock Mikuni . Now I need some advice/ideas on what I should do about this. He told me that the guy he purchased the bike off of did all the mechanical mods; I think this is believable since the person that I bought it from could barely take the license plate off.

I'm planning on giving him a call tomorrow to find out what up. Any advice on what I should say? I plan on playing dumb for a little bit and try to get the Previous Previous Owners phone number or see if he says anything fishy. But if I can't get that should I start to play hard ball? Is there anything tangible I can threaten him with so I can try to get some compensation or anything??

I'd imagine I'm up the creek since there was nothing signed or written down about modifications in the bill of sale.

Do you have a copy of the for sale ad that stated it had the FCR?

That's all I can think of.....

[DBR0051]

Most states are a as is in private sales, let the buyer beware type stuff. Unless it's in writing you have no recourse and then is not worth the legal costs. He can always say it had a FCR on it when it left his ownership, then it's his word against yours.

You can always dicsuss and ask him to do the right thing and toss in 100 bucks or so but thats about as much as you can do is as ask, IMHO.

Dave

[agencyone0one]

Thanks for the responses, i guess its pretty much as I thought. I'm just kinda cheezed off about it. I guess I'll see what happens tomorrow errr later this morning.

[GofastR]

Take it, and learn from it.

IMO, once you took the guys word for it and bought it...she's all yours...

Mods are for guys (and I don't mean to be snooty) that know what the mods are. It has worked in my favor countless times, only on 4WDs instead of MC's...

Taking someones word for something usually amounts to about 2 cents in my book. But putting my eyes on something then keeping my mouth shut about it has lead me to some nice scores...

[gixxerfrank]

Take it, and learn from it.

IMO, once you took the guys word for it and bought it...she's all yours...

Mods are for guys (and I don't mean to be snooty) that know what the mods are. It has worked in my favor countless times, only on 4WDs instead of MC's...

Taking someones word for something usually amounts to about 2 cents in my book. But putting my eyes on something then keeping my mouth shut about it has lead me to some nice scores...

i agree i cant count how many bikes i see on craigslist or anywhere for that matter that say they have mods that they dont, ie it has a full system when its a slip on, now keep in mind if they guy was a dope and truly didnt know what he had, which happens alot, he didnt mislead you he just didnt know and had been taken himself...just my .02

[rayw1128]

But then again, if the seller knew that he didnt have the FCR carb but posted it for sale stating that it has it, its FRAUD... which would be actionable regardless of if it is a private sale for used bikes.

[gixxerfrank]

But then again, if the seller knew that he didnt have the FCR carb but posted it for sale stating that it has it, its FRAUD... which would be actionable regardless of if it is a private sale for used bikes.

this is true too but hard to prove its becomes a he said she said deal...
my opinion try talking to the guy chances are if he even answers the phone and seems concerned he got ripped himself, if he avoids your calls and doesnt want anything to do with it he ripped you off..

[JonnyB]

How did this turn out when you spoke to him?

[uberninja]

Oh boy, am I gonna hear it from you guys on this one.

Not saying it's right, but I have immediately resold something that I was burned on, using the exact same description that was used on me.

I don't know if your seller didn't know better, or if he purposely lied. My situation wasn't as bad as your case, and I didn't technically deceive anyone, but there's no way I was getting stuck with the problem.

[GofastR]

But then again, if the seller knew that he didnt have the FCR carb but posted it for sale stating that it has it, its FRAUD... which would be actionable regardless of if it is a private sale for used bikes.

right... And IF you can prove it, the costs will then be wayyy more than the value of the bike...hell, a brand new KTM for that matter..


You'll (OP) need to research individual state laws and it's prolly not a bad idea to find out the most that can happen in your favor if you go to small claims court...



i.e, NONE of this will be worth doing, EDIT: B/c you will lose. I don't think VERBAL, or ORAL contracts are binding. And If you paid yourself $5 an hour, you'll be over the reimbursement value long before you can prove any malice on the sellers part.

I can also tell you that TN has a 3 day lemon law where the seller HAS TO PAY BACK if you don't like it, within 3 days...
Don't know if that applies to bikes tho...

[luizoliveira147]

You liked the bike, right? Thought it was snappy, got your money's worth for it? I say unfortunately you have to swallow this one, and look at the positive side... Now you can actually install that carb, and you will be extra pleased with the difference!

[gixxerfrank]

no ones a saint man...

i work in the motorcycle industry and would say 75% of customers have no clue what they have, this includes the make and model of the bike that they ride let alone accessories or performance parts. I cant even fathom a number of times ive been told "i have a two brothers full system on my gixxer dawg" when the cat converter and stock header are there, let alone how many times ive been told "im not sure what it is but its red, does that help?" I cant see how this went down already if this guy is a boner. when asked if he had an FCR had either no idea what it was and just said yes...

[Drock450]

You liked the bike, right? Thought it was snappy, got your money's worth for it? I say unfortunately you have to swallow this one, and look at the positive side... Now you can actually install that carb, and you will be extra pleased with the difference!

agreed.

[agencyone0one]

You liked the bike, right? Thought it was snappy, got your money's worth for it? I say unfortunately you have to swallow this one, and look at the positive side... Now you can actually install that carb, and you will be extra pleased with the difference!

You are correct, and after I finished tinkering with it this is pretty much how I feel. I feel like I over paid by a couple hundred bucks since it doesn't have the FCR, but I will feel that much better when I install one myself knowing that it was done my way and to my standards.

Overall I'm satisfied with the bike, I guess I am just dissatisfied with myself. I take pride in doing my homework when it comes to big purchases of this nature. Before I bought my SV 650 I could have created quite a lengthy list of mods, their descriptions, and their benefits and negatives. Live and learn.

Unfortunately I didn't get to talk to the P.O. today, but I'm gonna try again tomorrow just to see if I can find out any other info.

Thanks again guys.

[agencyone0one]

The DRZ is pretty much fine besides the carb situation. Just the usual adjustments I have to make to be comfortable i.e. clutch, throttle, chain. I mean it made the 65 mile cruise on a major highway from school to home without so much as a hiccup. Every other mod he mentioned to me is there, just not the carb.


On a side note, if I ever have the money for more another bike a SV 650 is almost definitely being purchased. Its such a great bike, I loved mine to death; I just felt it was time for a change.

[Deadend]

Do you have a copy of the for sale ad that stated it had the FCR?

That's all I can think of.....

this or gtfo.


not trying to harp on you, but a drz isnt much to take apart. A good deal is a good deal, but a Great *suspicious* deal, is something that should be examined.

:( sorry mayne.

[Deadend]

That sucks dude. This is why I don't pay big bucks for bikes with mods

Mods - are a user pref. Theres a reason people love a stock bike

[uberninja]

Mods - are a user pref. Theres a reason people love a stock bike

+1. I used to sell cars a long time ago, and we would DEDUCT for mods. Dude would say "Those are *brand x* rims, *brand x* exhaust, and *brand x* stereo."

We'd say, "OK, not factory rims, not factory exhaust, and not factory stereo, deduct $2,000 for all the missing crap."

Maybe it's just that experience for me, but whenever I see mods, I assume that they were done incorrectly by the dumbest dude that ever handled a wrench. And deduct accordingly.

But, remember, you were happy with your bike until you found out that one thing! I know, it's kind of like finding out the girl you really like is kind of a slut, but hey, you still like her.

[Orangeshirtdude]

Screwed. At least you don't have bottom end trouble. Just a carb. PPO probably bullshitted the PO. Poor guy you bought it from probably never knew better.

[iamNola]

Hard to believe the guy you purchased from DID NOT know about the carb. It just seems like an easy part to part out for fast money thats less noticable.

[surfaccing]

when buying second hand, mods don't raise the value of ur vehicle, unless they were installed by a professional and the owner has documentation to back it up. thats the sad truth, cause ya most people putting them on do it wrong and screw it up.

but as everyone said, ur gonna have to bite the bullet cause unless u have written proof that it was sold to u with the carb then ur sol. if u do u could press charges but ur probably looking at more of a cost for that then maybe buying the carb urself.

i guess u could just ask the guy what he thinks, and maybe hell give u back $100 cause he feels guilty


let us know how it goes

[fstbusa]

look at the bright side..... atleast you have a bike with a clear title.... you could have bought a bike and took an honest mans word that he would send you the title the week after you bought it.... 4 months later you still don't have it and are having to do everything under the sun to get it!

[ELRWFO]

I bought some tires off here from a member, supposed to be dyno test tires, well they were worn out tires. I purchased with a credit card, I emailed the seller. Fast forward I disputed the charge, CC Co sighted with him because he sold "used" tires. I had all my emails,his ad description, so I re disputed the charges and forwarded all my backup, saved my ass, keep any and all info, it comes in handy. They sighted with me!!!!!!! Said it was because of my backup info.