A quick question for someone....
I took a motorcycle to a local shop for them to sell on consignment. I had had the motorcycle for about a year and half and it had never given me a bit of trouble. I had it listed on Craig's List for a while, with a few nibbles, but hadn't sold it. The shop had the bike for about 3 weeks and I had decided I would actually go get the bike and just keep it. A shop person called me on a Monday (they are actually closed on Mondays) and said they sold my bike on Saturday, but after the person who bought it test rode it for an extended
period (30-45 minutes) and then came back and did all the paperwork, then took it home, it started leaking gas.
He had called because the person who bought it was one of their "better" customers and he advised that they would need to repair the bike for the sale to go through.... and I would need to pay for it.
Now, looking back, I should have said no right then, it was sold, not mine anymore! But wanting to be fair about things I agreed if the sale went through I would take care of it. Cost was about $250 and I was asking the shop for $3000 for the bike....anything they got over
that, they kept.
Now one thing that needs mentioning is in the consignment agreement, which was good for 14 days, there was a statement that states something like since they never run the bikes except on choke in and out the door for a few seconds a day, they foul plugs, and if things need fixing, they can do it and charge me. I wrote on the form, to call me first - which they did.
They shop did the repairs, the customer was happy and rode of into the sunset, or whatever - on Wednesday,,, 2 days later.
Fast forward a week and a half, last Saturday. I was going to be near the shop I was going to ask if I could come pick up my check... for approx $2750. When I got the salesperson, he advised the buyer was back in the shop with more trouble.... and he would call me back. A few hours later, we spoke and he said the buyer was out on the highway and the rear wheel locked up on him! Yikes. Not something I would want to happen to me. I ask what happened? Did the engine seize? Chain came off? What ? He advised they did not know yet. He also stated that they were outfitting the buyer on a new bike.
I ask what that meant to me? He said it looks like you will need to pay us $250 and take your bike back! I told him - very politely and calmly - that in my mind, the bike had been sold, and I would expect a check for $2750. He told me that since it was Saturday afternoon, all the "powers that be" were not there and they would need to "discuss" Tuesday.
SO! Finally my question. Am I correct in my thoughts? And what can I do if they refuse and say take "your" bike? Should I go get the bike or refuse to take it since it was sold and has been ridden (possibly) several hundred miles?
I ask the salesman how many miles had been added to the bike, and he didn't know right then, but my guess is (from past conversations) it will be in the 200 - 500 mile range.
I really don't what to get an attorney - or even go to small claims court. I am not made of money, but a few hundred bucks - to pay them and fix whatever is wrong now - would not kill me.
What do you think? What would you folks do?
Thanks in advance.
Odie in Oklahoma.
I took a motorcycle to a local shop for them to sell on consignment. I had had the motorcycle for about a year and half and it had never given me a bit of trouble. I had it listed on Craig's List for a while, with a few nibbles, but hadn't sold it. The shop had the bike for about 3 weeks and I had decided I would actually go get the bike and just keep it. A shop person called me on a Monday (they are actually closed on Mondays) and said they sold my bike on Saturday, but after the person who bought it test rode it for an extended
period (30-45 minutes) and then came back and did all the paperwork, then took it home, it started leaking gas.
He had called because the person who bought it was one of their "better" customers and he advised that they would need to repair the bike for the sale to go through.... and I would need to pay for it.
Now, looking back, I should have said no right then, it was sold, not mine anymore! But wanting to be fair about things I agreed if the sale went through I would take care of it. Cost was about $250 and I was asking the shop for $3000 for the bike....anything they got over
that, they kept.
Now one thing that needs mentioning is in the consignment agreement, which was good for 14 days, there was a statement that states something like since they never run the bikes except on choke in and out the door for a few seconds a day, they foul plugs, and if things need fixing, they can do it and charge me. I wrote on the form, to call me first - which they did.
They shop did the repairs, the customer was happy and rode of into the sunset, or whatever - on Wednesday,,, 2 days later.
Fast forward a week and a half, last Saturday. I was going to be near the shop I was going to ask if I could come pick up my check... for approx $2750. When I got the salesperson, he advised the buyer was back in the shop with more trouble.... and he would call me back. A few hours later, we spoke and he said the buyer was out on the highway and the rear wheel locked up on him! Yikes. Not something I would want to happen to me. I ask what happened? Did the engine seize? Chain came off? What ? He advised they did not know yet. He also stated that they were outfitting the buyer on a new bike.
I ask what that meant to me? He said it looks like you will need to pay us $250 and take your bike back! I told him - very politely and calmly - that in my mind, the bike had been sold, and I would expect a check for $2750. He told me that since it was Saturday afternoon, all the "powers that be" were not there and they would need to "discuss" Tuesday.
SO! Finally my question. Am I correct in my thoughts? And what can I do if they refuse and say take "your" bike? Should I go get the bike or refuse to take it since it was sold and has been ridden (possibly) several hundred miles?
I ask the salesman how many miles had been added to the bike, and he didn't know right then, but my guess is (from past conversations) it will be in the 200 - 500 mile range.
I really don't what to get an attorney - or even go to small claims court. I am not made of money, but a few hundred bucks - to pay them and fix whatever is wrong now - would not kill me.
What do you think? What would you folks do?
Thanks in advance.
Odie in Oklahoma.
