Questionable motorcycle sale. What are my options, do I even have any?

Asked over 1 year ago - Salt Lake City, UT

During a trip to a bike dealer to look at helmets, my (not licensed for bikes) wife was encouraged to drive a scooter. We told the dlr she had no exp..but they pressured her (we got caught up in the fun), and encouraged her to do advanced moves and I kept reminding of her lack of exp...she drove 3...dropping the 3rd, at a stop, a brand new scooter...light scratches. We had two options and felt we weren't allowed to leave until we decided...buy the bike or go the 'insurance route, paying for damages and the diff in value btwn new and used.' We felt we had no options, and bought the bike. Dlr changed our income on credit app by increasing my pay 20k / yr. We signed a waiver before 3rd scooter, they have no copy of it. They won't give me a copy of credit app. Anything I can do? Thx!

Attorney answers (1)

  1. Matthew G Koyle

    Contributor Level 10

    Answered . If the facts are as you describe, particularly if you explained your wife's inexperience to them before she started riding and they continued to pressure her to ride, I would be willing to argue that they assumed the risk that she might damage the bike.

    If you had just walked out of their place and they were suing you, it would be fairly easy to assert that and get them to accept a nominal amount to be done. Where you have signed a contract to purchase the bike, it is no longer that easy.

    Arguably, their approach to this constitutes an unfair or deceptive practice under the Utah Consumer Sales Practices Act. You could file a small claims action against them seeking $2000 under that act and then try to negotiate something where you give back the bike and dismiss your claims.

    Before you go that rout, motorcycle dealers are regulated by the Utah Motor Vehicle Enforcement Division which may (or may not) assist you in working this out with the seller. http://mved.utah.gov/ The MVED will probably be able to get a copy of the credit app pretty quickly. If they will not provide that to them they will likely end up in trouble if they are licensed as a dealer.

    Best of luck.

    Providing this answer does not form an attorney-client relationship. Most legal questions are exceedingly fact-... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,915 answers this week

2,631 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,915 answers this week

2,631 attorneys answering