Purchased a problematic "as-is" motorcycle from dealership a month ago. What can we do?

Question

My husband purchased a used motorcycle from a local dealership a month ago. He has owned a number of motorcycles before (one of them even came from this same dealer) and everything seemed fine with this bike. The sales person told us that they thoroughly inspected the bike and corrected any minor problems is may have had and that they did all the necessary maintenance on the bike, etc. We were told that the bike had absolutely no problems at all. Since it is a used bike, it was sold as-is.

Two days after my husband brought the bike home, it wouldn't start and at one point--once it did get started--it just cut off while he was riding home from work. I called the dealership and spoke with the sales guy; he told us to bring it in the next morning. We couldn't, though, as it wouldn't start (again). Another day went by and they came to pick the bike up and take it back to the dealership to determine the problem. The battery needed to be replaced, so they replaced it and told my husband that there was nothing else wrong with the bike.

Two weeks ago, my husband noticed that the oil was low, so he added some and it read just fine. Two days later, the oil was drained again. A few days ago, he took the bike to a friend of his, who is a master bike mechanic. He just finished speaking with his friend and has learned that no maintenance of any kind was done to the bike (my husband is an in-town, to and from work kind of rider, so he doesn't burn through fluids, etc. quickly). There is also a massive leak. HIs friend has cleaned up the oil, so that he can determine the source of the leak (he is hoping it's a simple fix, but he told my husband that if it's not, then he should just sell the bike).

Georgia, where we live, does not have a lemon law for motorcycles (even if we did, I don't even know if it would apply here). If the problem us really bad, do we have any recourse against the dealership since they told us that the bike was fully inspected and maintained and problem-free?

If the problem is bad enough, we'd like to sell the bike back to the dealer for what we paid.

And, we now realize that we should always take our master mechanice friend when shopping for a bike (it's just that we've never, ever had any problems with the six previous bike we've purchased...).

Any input would be appreciated. Thank you.

Answer 1

what part of as-is is confusing you?  the dealer was good to replace the battery for you, he had no obligation.  you can ask the dealer for favors and anything he does is purely a good will thing, but expecting the dealer to have any obligations is pretty ambiguous.

did the dealer offer you the option to purchase extended warranty at an additional cost?

Answer 2

AS IS,  Magic words in the motorized vehicle selling game. You have no legal recourse so unless the dealer feels Generous based on Your past relationship, Learn from this and move on.

Answer 3

Your problem would come down to documented proof. If all you have is verbal evidence then forget it, the dealer will deny it all. Your word against theirs. A civil matter that would be a waste and gain nothing but money for lawyers, who by the way would probably discourage you from pursuing the matter based on this same idea. I'm not a lawyer or giving you legal advice, just my opinion based on "been there, done that"...

Don't cry over spilled milk, l**k your wounds and move on, sorry but it's true and of course it's not fair - just bad mouth the dealer every chance you get with your story and hit him where it hurts

Answer 4

sorry anytime you buy anything used it all up to the buyer to check it out before buying ....cant listen to what any seller says about anything its all on you sorry as is is pretty much like it sounds.. you can try the dealer for another bike and trade since you have been there a few time they might work with you  

Answer 5

If the bike is sold "AS IS" you are pretty much stuck with the problems and bike.  Although, you can talk to the dealer and proof to them that maintenance was not done to the bike and you would like it to be done.  

If it is a good dealership, they will try to do whatever needed to get you to buy stuffs from them in the future.  

Good luck

Answer 6

Your probably out the money. It depends on the dealership and your relationship, or lack of, with them. I doubt they will buy it back, but they may allow a full price trade in (not common but worth a shot). Otherwise see if you can wheedle a deal on any parts you may need in the short term. Trouble with "AS IS" sales is that is just what they are. As far as if they did any maintenance beforehand, it may be useful, especially if you can point to a bike in the showroom in the same condition. Someone isn't telling someone the truth, thought who it is can be hard to pin down (the sales guy, the store's service guys, the kid that was supposed to do the job, etc.)  Live and learn.