Motion Yamaha in NJ jacked up price after deposit
Posted January 18, 2003 - 03:01 AM
He wanted to charge me $1000.00 more.
I'm so !#%&*^# pissed off!!!!
Not only that but he was insulting, disrespectful, and vulgar to me on top of it.
I had been shopping for one for a while and after leaving the deposit, I tossed out all my contacts & prices. Worse than that, I'll have to wait even longer now.
So I filed complaints with BBB and Yamaha Motor Corp.
BEWARE OF MOTION ENTERPRISES YAMAHA
Posted January 18, 2003 - 03:22 AM
Posted January 18, 2003 - 03:44 AM
You know, in a few months, the same dealer will be discounting these bikes because the 2004s will be arriving.
Posted January 18, 2003 - 05:05 AM
Posted January 18, 2003 - 05:16 AM
Posted January 18, 2003 - 05:45 AM
I went there on 1/16/03 to see if they had an ETA and the sales guy I was dealing with left the company. So I started talking to the owner and he said the price is now Full Retail + shipping + prep + dock (whatever that is)
He wouldn't even meet me half way.
So you may want to verify your price.
I hope you have better luck than I did.
Posted January 18, 2003 - 05:47 AM
Pay an attorney 100 bucks to go with you.
You will get your Bike
Posted January 18, 2003 - 05:50 AM
I had no reason to suspect foul play.
Posted January 18, 2003 - 06:16 AM
The best way to deal with it is to take your business elsewhere. If he continues this with other people, he won't be around much longer as the news travels.
Posted January 18, 2003 - 09:39 AM
i don't understand -- did they give you contract paperwork on the bike? or were they just randomly colecting deposits from anyone they can? what does it say on the receipt that they gave you?
if you have no paperwork (which i'm confused by) then i would immediately find out whether the salesman left on his own accord or was fired for cause. if he was fired you have a leg to stand on -- as a representative of the dealer, he entered into a verbal contract with you. if that employee was fired for cause, you have a little angle to have a lawyer to uphold the verbal contract that was made. IANAL but this could be doable.
on the other hand, never put a deposit down on anything without the contract showing what you're buying, when delivery is expected, and how much it costs. think about it another way, as protecting yourself: what if the dealer turns around and says "you owe me full retail+whatever for a honda XR400 -- that's what you verbally agreed to with the salesman, he wrote that down in his notebook and here is a copy".
then again, read
why putting a deposit down on a 'hot' bike means nothing...
and wonder aloud how motorcycle dealers stay in business.
jim aka the wrooster
Posted January 18, 2003 - 12:05 PM
He said all wr450,s are accounted for.
Posted January 18, 2003 - 12:20 PM
NO I did not get a contract. (my bad)
Wrooster, your right. Its my own damn fault for not getting a printed contract.
I've never been treated like that from a business before.
I thought they were a reputable Dealer.
But in a sense he screwed himself cause I buy a new bike every 12 to 14 months.
I'll find one somewhere else, I just don't want any one else have to deal with this.
It wouldn't be so bad if these bikes were all over the place.
So Now I'm back to the end of the line!!!!!!!!
Posted January 18, 2003 - 01:37 PM
call "stumpys" on Rt 35 in neptune. they have a good reputation, and i've gotten three bikes there without a problem.
http://www.stumpys.com/ --- email email@example.com
btw, you said it says "deal #" on the receipt? where does that point to? is there more paperwork on their side which documents the deal?
good luck with your search. if i see/hear anything local i'll chime in.
also, have you thought about using
and getting a canadian model? the prices on their web site include shipping and they will ship it to either phildelphia or newark, where you then have to pick it up. call 'em up, see what they can do for you. and if you need a hand assembling a couple of pieces onto the bike let me know.
oh my does this look swwweeeeet!
jim aka the wrooster
Posted January 19, 2003 - 12:20 AM
little better to know that you didn't blow it. A contract wouldn't have mattered much. Most
people misunderstand what a contract means. It is not against the law to break a contract.
That is, it's not a criminal offense or anything like that. It just means that the breaching
party has to make the plaintiff "whole" again for any losses incurred do to the breach. In
fact, in common law (non codified law) it is well established that in business sometimes it
is necessary for contracts to be broken.
If you were to sue, you would have to show damages; but no attorney is going to waste
his time on a case like that. If the dealer won't refund your $200 bucks, take him to small
claims, that's all. No big deal. But it will be very difficult to show that you had any real
damages beyond your deposit. Sure you had to wait, and assuming you had no more
money to put down elsewhere, you lost out on getting on a list at another dealer, but you
would be hard pressed to get any money for your inconvenience. What you could get
money for is the premium you'd have to pay to buy the bike from another dealer. By the
way, it's your duty to try and mitigate damages, that is, to get another deal at the best price
Specifically, your argument would be that you made a "detrimental reliance" on your deal
with them to buy the bike at a specific price, and then you had to buy the bike at a higher
price from another dealer because market conditions changed. You'd then be entitled to the
difference. But believe me, it's not practical to sue. No one is going to care about your
hardship. That's why dealers get away with so much crap, there's little anyone can do
Posted January 19, 2003 - 02:15 AM
Posted January 19, 2003 - 02:31 AM
the deal # was or maybe still is on the computer at the dealer. No paper copy. But if there was more documentation, I sure he would not anxious to bring it up.
Thanks for the links
Posted January 19, 2003 - 03:04 AM
I'm in law myself (enforcement) and I have a question: if in fact this is a routine practice by a dealer (let's say 10 or more "broken" deals that were in writing) couldn't the dealer be charged with Scheme to Defraud? I know that New York laws may differ, but something along those lines I think may be appropriate. I only ask this as I don't like seeing my riding brothers (or me) get taken advantage of time and again by unscrupulous dealers. Personally, I think the Defraud case would be weak at best, but perhaps you may be able to shed some light on it. Likely though, at best it would be a civil matter.
Posted January 19, 2003 - 03:47 AM
You should be able to find a WR somewhere. Many times people put deposits on bikes and for what ever reason never pick them up. I got a bike that 2 people ahead of me didn't come up with the rest of the money.
I just find it amazing that someone in business would be that short sighted. Most of the money is made at a dealeship thru parts and accessories. I don't think he is going to get much of that business from you.