Believe me, this is completely hypothetical, but what if you crashed a bike on a test ride without verbally agreeing with the seller "you break it you buy it". Does s/he have any legal recourse to force you to buy the bike or fix the damage?
I would say, absent another agreement, the seller has assumed the risk of this occurring. But that is off the top of my head.
Probably not a strong case for the seller, but I say you're a chump if you dump a dude's (or chick's!) bike and don't pony up for repairs.
I think in california there's something called the benefit of doubt, that actually benefits the customer. So even with an oral agreement only between you and dealer (no witness), you can dump the bike and not having to pay a thing. for the dealer to press charges or make you pay, you would have to sign in paper... or at least that's what I've seen in a couple of cases (non motorcycle related).
Two sides:
One says that the seller is a dimwhit for allowing a ride without cash in hand because they have zero knowledge of the buyer's abillity.
Other side says that the buyer is a poofter for riding someone's bike without having the propper abillity.
If a third party is involved, and is their fault, then the blame is clear.
Being a man means that if you wreck the bike without the interference of a 3rd party, regardless of anything else, you either buy it on the spot or cover repairs...no exceptions.
The seller has little recourse to get at you or your assets if you drop the bike without a signed contract. It becomes his word versus yours and unless they have some stranger who happen to overhear the conversation and is willing to testify, they're SOL. If the seller's wife or whomever is around and they said they heard it, it won't mean anything as they would be considered a biased witness. This is the reason that most sellers say no ride until you've bought it or similar. I know in Illinois, dealerships won't let you test ride bikes at all since their insurance won't cover you or the bike in the case of an accident; this might be a state issue though.
-Brian
Dealers around here do not have the proper insurance you you to take test rides on bikes. That's why when I hear about people taking a test ride from a dealer, I always wonder.
Quote from: annguyen1981 on February 07, 2006, 10:39:24 PM
Dealers around here do not have the proper insurance you you to take test rides on bikes. That's why when I hear about people taking a test ride from a dealer, I always wonder.
I think thats just an excuse they use. I've heard that from a few dealers, about how its too expensive in CA to carry that kind of insurance...then you go to the Aprilia dealer and they hand you the keys, or the Triumph dealer has "Demo Days"...I've test ridden enough bikes to know they just dont want to hand over the keys to every yahoo that walks in for a joyride...
^Buell is happy to do it, too.
Quote from: makenzie71 on February 07, 2006, 11:11:25 PM
^Buell is happy to do it, too.
Maybe that is the only way they can get people on their bikes??? :dunno_white: :dunno_white:
odd statement from someone who rides a bike outsold in the states by the XB9 in 2004 and 2005.
Quote from: pantablo on February 07, 2006, 10:53:53 PM
Quote from: annguyen1981 on February 07, 2006, 10:39:24 PM
Dealers around here do not have the proper insurance you you to take test rides on bikes. That's why when I hear about people taking a test ride from a dealer, I always wonder.
I think thats just an excuse they use. I've heard that from a few dealers, about how its too expensive in CA to carry that kind of insurance...then you go to the Aprilia dealer and they hand you the keys, or the Triumph dealer has "Demo Days"...I've test ridden enough bikes to know they just dont want to hand over the keys to every yahoo that walks in for a joyride...
Makes sense... But then again, if I don't get a test ride, I don't buy.
Quote from: makenzie71 on February 07, 2006, 11:20:10 PM
odd statement from someone who rides a bike outsold in the states by the XB9 in 2004 and 2005.
Well if people want to be sheep and buy crap that is not my problem. And I dont know where they are selling cause around central Indiana I have seen 1.
And cause i am in a bad mood right now..... I really think you should go suck on a tailpipe.
Quote from: ajgs500 on February 07, 2006, 11:14:19 PM
Quote from: makenzie71 on February 07, 2006, 11:11:25 PM
^Buell is happy to do it, too.
Maybe that is the only way they can get people on their bikes??? :dunno_white: :dunno_white:
:flipoff: funny aj :icon_lol:
Quote from: yamahonkawazuki on February 08, 2006, 02:19:20 AM
Quote from: ajgs500 on February 07, 2006, 11:14:19 PM
Quote from: makenzie71 on February 07, 2006, 11:11:25 PM
^Buell is happy to do it, too.
Maybe that is the only way they can get people on their bikes??? :dunno_white: :dunno_white:
:flipoff: funny aj :icon_lol:
jus messin with ya ;)
i know yama..... i know u wouldnt want to piss me off lol ;) ;)
I think the main reason Buells outsell GS500 is that people really like upside down forks.
My personal feeling is if I ever crashed a bike that wasn't mine I'd pay whatever it cost to fix it.
Of course. But that wasn't the question. The question was who HAS to pay for it. I'd pay for it too. Shoot. I actually wouldn't ride the damn thing until I paid for it.
if you dump it, you replace or repair what YOU broke on it. nothing more or less. i generaly hold License (complete copy of it) or car keys of whoever drove the buyer to me. i make it WELL known with myown witness/s you wreck, you bought
One of my friends had a VFR1000 up for sale several years ago. He let a guy he didn't know take the bike for a test ride. 45 minutes later the guy returns the bike and says he's not interested. My friend started the bike up the next day and found out the head was trashed. A local saw the guy on the bike thrashing it.
As far as who's actually responsible for damages, I wouldn't know legally. Morally it's whoever damaged the bike - if they did something negligent.
I took a GS500 for a test ride in Vancouver and they let my husband test ride an R1 but we had to sign a paper saying if we wrecked it we'de have to pay the $500.00 deductible