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Offline Goodygixxer

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Sale or Return?
« on: November 08, 2019, 04:37:29 PM »
I currently have my GSXR up for sale in a main dealer on a 'Sale or Return' basis. The dealer have had my bike since early September. I agreed their fees, and they told me that my bike was a very popular model and should sell in no time. When sold, they would clear my finance and give me the difference after their fees were paid. Fast forward two Months and they still have my bike, and have had no interest in it whatsoever.

I informed them last week that due to the bike taking so long to sell and that Winter is upon us, I may as well take my bike back as I am still paying a Monthly finance cost for it. They told me that this is fine but I would have to pay for the valet, and all the advertising costs....a total of more than £200. They advertised the bike on Ebay and Auto Trader as well as their own website, a total of 3 times on each.

I agree I should cover the cost of the valet which would be approximately £50, but am I obliged legally to cover the advertising fee's? Afterall, it is in their interest to sell the bike as soon as possible.

Surely 'Sale or Return' means just that. They sell it, or if not, they give it back.  No formal contract was signed saying that I cover these costs if I have the bike returned.

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Online Nelix

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Re: Sale or Return?
« Reply #1 on: November 08, 2019, 04:52:04 PM »
No contract of any sort, verbal agreement?

Offline Scotty001

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Re: Sale or Return?
« Reply #2 on: November 08, 2019, 05:04:23 PM »
Goody, without a signed contract they can't establish what was agreed by both parties (was it no sale no fee, no sale you cover costs, what we're the costs, how many times can they re advertise and run those costs up? Could they re advertise every other week at £100 a time per advertising channel till you owed thousands without knowing it) would they re valet every other week? When they sold the bike what was their sellers fee? 1% 2.5% 4%.....? If it went to court how is a judge to know what was agreed? There's no contract which sets out an agreement that each party is liable for, a simple statement of sell or return says just that, no mentions of you agreeing to pay for things, the statement doesn't state sell or return but costs to be covered by you. They don't have a leg to stand on legally, like wise if it did sell what would you do if they then turned around and said we've take a 50% sellers fee? You have no contractual agreement. This time it's their loss next time get in wrighting what each party will get and will do for that money.

Offline kernowjim1

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Re: Sale or Return?
« Reply #3 on: November 08, 2019, 07:54:36 PM »
There should have been something in writing so both of you knew what you were agreeing to.  They said they'd sell the bike within a 'reasonable' amount of time and I'd say two months is past that.  By all means pay for the valet but they have FAILED to sell your bike - what else are you supposed to do?

Offline burty

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Re: Sale or Return?
« Reply #4 on: November 09, 2019, 07:31:19 AM »
Looking at it from the other perspective: If you take the bike back you are removing their opportunity to recover their costs.  Why should you not pay those?

Two months in the autumn is no time at all to sell a bike.  Realistically who is going to buy a sports bike heading into the winter, unless it's a real bargain.?
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Offline kernowjim1

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Re: Sale or Return?
« Reply #5 on: November 09, 2019, 07:41:37 AM »
*Originally Posted by burty [+]
Looking at it from the other perspective: If you take the bike back you are removing their opportunity to recover their costs.  Why should you not pay those?

Two months in the autumn is no time at all to sell a bike.  Realistically who is going to buy a sports bike heading into the winter, unless it's a real bargain.?

See above.....

"I agreed their fees, and they told me that my bike was a very popular model and should sell in no time"

Offline burty

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Re: Sale or Return?
« Reply #6 on: November 09, 2019, 07:50:39 AM »
*Originally Posted by kernowjim1 [+]
See above.....

"I agreed their fees, and they told me that my bike was a very popular model and should sell in no time"

Frankly there should have been an early exit clause in the non existent contract.  Was there any fees agreed if the bike didn't sell? Paying costs if you remove the ability for the dealer to recover them through the sale seems reasonable to me.
2017 Z1000SX, in black.  Roughly 70000 miles and 8 years on SXs.

Online gavuk

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Re: Sale or Return?
« Reply #7 on: November 09, 2019, 10:01:42 AM »
If they have your property and are refusing to let you have it back (without you paying their ransom)  is that not theft/kidnap?

Ask for it back whilst telling them the conversation is being recorded and take a witness (no offense but not some burly knucklehead who they can then claim intimidated them) take you keys/docs/bike and leave.

If they refuse seek legal advice via cops/CAB/Solicitor

Consider calling cops whilst you are at the shop. They have your property. They will likely attend to prevent a breach of the peace.

Lastly never use this dealer again.

Good luck

Online Nelix

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Re: Sale or Return?
« Reply #8 on: November 09, 2019, 11:23:40 AM »
Why would the OP pay costs if the dealer failed to complete their side of the deal, ie sell the bike?

If there is no written contract, the OP being the registered owner can simply take their bike back.

Offline burty

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Re: Sale or Return?
« Reply #9 on: November 09, 2019, 02:12:43 PM »
*Originally Posted by Nelix [+]
Why would the OP pay costs if the dealer failed to complete their side of the deal, ie sell the bike?

If there is no written contract, the OP being the registered owner can simply take their bike back.

The OP could be expected to pay costs as he is ending the arrangement before it has completed with a sale.

Agreed, no written contract so nothing to say what he is liable for.  However, the deal appears to have been to sell the bike, not leave it with the dealer for two months then take it back.

If a sale is the aim, then why not just leave the bike with the dealer?
2017 Z1000SX, in black.  Roughly 70000 miles and 8 years on SXs.

 


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