Need advice on a big issue (ducati dealer). - Ducati.ms

vespam5 · Jul 18th, 2007, 5:59 pm

I purchased a bike (2000 996s)from my local dealer mid May (I'll omit the name for the moment).
It was a used bike which was on consignment. I paid top dollar in cash for the bike since I had purchased a bike from this dealer before and was satisfied with the experience, in fact I paid a couple grand over average price with the assurance that the bike had gone through recent service and inspection. But this isn't what this rant is about. I had a few mechanical problems within the first week of ownership, (the bike's overflow tank busted and boiled over, then the clutch went out completely), the dealer was very good about making the issues right, and it reminded me why I paid top dollar.

Here is my issue however, I have not received a single piece of paper work from the dmv or the dealer and it has now been over 60 days since I paid cash for this bike. All I have is a "temporary operating permit" which I received the day I paid for the bike, and a reciept for $11,000. The bike had expired tags from 2003 at the time of purchase, which I paid for to make current until 2008 on the day i bought the bike, and I am obviously supposed to receive current registration and a pink slip within a few weeks after buying the bike.

I started calling the dealer to inquire about this matter about 30 days ago (since usually dmv paperwork arrives within a couple weeks), only to either be promised a call back, or to be told that paperwork has been submitted and that I just have to wait for it to reach me by mail.

I got pulled over a few days ago, and the cop nearly took the bike away for expired registration, where he informed me that it was not my motorcycle. He ended up letting me go after I told him my story and showed him my government ID, but he warned me I was riding an expired unregistered bike.

I was and have been very patient and friendly since I was promised that the matter was simply in dmv's slow hands. But after hoping for something in the mail everyday when I get home from work, and being disappointed everyday, I called yesterday for the 5th or 6th time, and this time I was a bit upset from being given the run around for over a month now and having the bike nearly confiscated by CHP. I was determined to get answers. They gave me a few runaround answers and told me I can stop by for a copy of registration with proof of fees paid so that i don't have to worry about getting pulled over.

After personally visiting the dealer today, turns out there is a lien on the bike...........I was unaware of this. The dealer apparently has a dmv person who is on vacation, They gave me a registration dmv printout showing fees paid, and asked me to keep waiting "these things can take months". And apparently it is all news to them, I don't believe the dealer has done anything yet to get the issue resolved.

It wasn't until I got home, I realized what the paperwork they handed me today wasn't even complete, "not an operating permit" is clearly printed on the top of the stupid paperwork.

I asked my local police station to please run the plates for me today and here is what i found out:
It is still in the previous owner's name.
There is a bank on the list of owners (hence the lien)
the fees have not been paid!
It shows no "title transfer in progress messages".

This isn't any type of personal attack on the staff, please understand I am just frustrated, it has been 61 days.

I was planning on riding with a group of good buddies Leaving this Friday morning to Moto GP races in Monterey, which is 500 miles. I can't really do this anymore with expired plates and already one warning from CHP. I am really bummed since we have planned this trip all year.

What would you guys do? Help, advice is appreciated!

Mapless · Jul 18th, 2007, 6:04 pm

I would immediately return it and insist I was refunded the total purchase amount.

pgeller · Jul 18th, 2007, 6:13 pm

IMHO, Take it back. They are being dishonest.

pg
DD

Stopwatch · Jul 18th, 2007, 6:13 pm

Quote:

Originally Posted by vespam5

I was planning on riding with a group of good buddies Leaving this Friday morning to Moto GP races in Monterey, which is 500 miles. I can't really do this anymore with expired plates and already one warning from CHP. I am really bummed since we have planned this trip all year.

I really don't envy you and I have no advice except regarding your planned trip. The Man is everywhere all the way up and down the state this week(end) with nothing on their minds except motorcycles. The scrutiny paid to all bikes is much greater and you will end up being pulled over for expired plates and potentially having your bike impounded.

Can you possibly rent a bike for the weekend? Maybe if you can't find a sportbike a nice FLHGSIDGJA Fat Wide Sport Glide and you can carry everyone else's extra stuff. (Sorry...just trying to help.)

You do have a bill of sale for the purchase, right? The dealership should have more than one person who can handle DMV paperwork and they most certainly know who the previous owner of the bike is. I can't believe any reputable dealer would simply hand over more than $10,000 to an individual without some legal backbone to lean against.

tjfdesmo · Jul 18th, 2007, 6:14 pm

Yes, ask for full and immediate refund of all costs you incurred. As much as I hate to interject it, if they balk you may need to start "making lawyer sounds".

vespam5 · Jul 18th, 2007, 6:16 pm

Quote:

Originally Posted by PSsssp

You do have a bill of sale for the purchase, right? The dealership should have more than one person who can handle DMV paperwork and they most certainly know who the previous owner of the bike is. I can't believe any reputable dealer would simply hand over more than $10,000 to an individual without some legal backbone to lean against.

Yes I have a bill of sale with all the fees, taxes, etc.

macadamizer · Jul 18th, 2007, 6:26 pm

Have you talked to the manager or the owner of the dealership yet? If you have the time, it might be worth heading down sometime during a weekday (when phone calls can be made, presumably) and making a nuisance of yourself until something gets done.

The problem here is one of two things. Either (1), the dealer hasn't yet paid off the lien, in which case they need to get off of their buts and do it, and things should move pretty quickly from there, or (2) they screwed up and didn't pay the lienholder, but instead paid the previous owner the entire amount, and the original owner hasn't paid the lienholder. Either way, the dealer is responsible for this. You may want to remind the dealer that when selling a vehicle under consignment, the dealer is bound by Vehicle Code section 11729 to have a signed consignment agreement under 11730, and the signed consignment agreement is required to have information on the current lienholder, and a statement that the lienholder will be paid before the previous owner gets a dime.

Ask for proof that the lienholder has been paid. If the lienholder has been paid, then ask for proof that the lienholder has notified the DMV that the lien is paid off, and find out where the pink slip is. Then you can figure out how to get things moving from there.

If the dealer balks, you can demand that they take the bike and refund your money.

vespam5 · Jul 18th, 2007, 6:47 pm

Quote:

Originally Posted by macadamizer

Have you talked to the manager or the owner of the dealership yet? If you have the time, it might be worth heading down sometime during a weekday (when phone calls can be made, presumably) and making a nuisance of yourself until something gets done.

The problem here is one of two things. Either (1), the dealer hasn't yet paid off the lien, in which case they need to get off of their buts and do it, and things should move pretty quickly from there, or (2) they screwed up and didn't pay the lienholder, but instead paid the previous owner the entire amount, and the original owner hasn't paid the lienholder. Either way, the dealer is responsible for this. You may want to remind the dealer that when selling a vehicle under consignment, the dealer is bound by Vehicle Code section 11729 to have a signed consignment agreement under 11730, and the signed consignment agreement is required to have information on the current lienholder, and a statement that the lienholder will be paid before the previous owner gets a dime.

Ask for proof that the lienholder has been paid. If the lienholder has been paid, then ask for proof that the lienholder has notified the DMV that the lien is paid off, and find out where the pink slip is. Then you can figure out how to get things moving from there.

If the dealer balks, you can demand that they take the bike and refund your money.

Thanks.

vespam5 · Jul 18th, 2007, 6:49 pm

Quote:

Originally Posted by macadamizer

Have you talked to the manager or the owner of the dealership yet? If you have the time, it might be worth heading down sometime during a weekday (when phone calls can be made, presumably) and making a nuisance of yourself until something gets done.

The problem here is one of two things. Either (1), the dealer hasn't yet paid off the lien, in which case they need to get off of their buts and do it, and things should move pretty quickly from there, or (2) they screwed up and didn't pay the lienholder, but instead paid the previous owner the entire amount, and the original owner hasn't paid the lienholder. Either way, the dealer is responsible for this. You may want to remind the dealer that when selling a vehicle under consignment, the dealer is bound by Vehicle Code section 11729 to have a signed consignment agreement under 11730, and the signed consignment agreement is required to have information on the current lienholder, and a statement that the lienholder will be paid before the previous owner gets a dime.

Ask for proof that the lienholder has been paid. If the lienholder has been paid, then ask for proof that the lienholder has notified the DMV that the lien is paid off, and find out where the pink slip is. Then you can figure out how to get things moving from there.

If the dealer balks, you can demand that they take the bike and refund your money.

I asked to speak to the manager, apparently he is at moto gp all week.

fronkfronk · Jul 18th, 2007, 7:07 pm

Quote:

Originally Posted by vespam5

I purchased a bike (2000 996s)from my local dealer mid May (I'll omit the name for the moment).
It was a used bike which was on consignment. I paid top dollar in cash for the bike since I had purchased a bike from this dealer before and was satisfied with the experience.

Sorry for your troubles, that takes all the fun out of getting a new Duc.
Just picked up a used bike today, that was also on consignment, from a "local" dealer. I was told registration from the DMV may take a while. I'd love to know which dealer you're having the problem with? Maybe a PM, thanks.