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[Philip]

Imho, if you have anything in writing regarding the acceptance of the deal, they are obligated to fulfill the order unless there are some rather major extenuating circumstances. However, with the bike already in hand, it's not like they can say there was a price increase in between signing the deal and delivery, or a delivery delay to muddy the situation. Just merely saying the dealer changed his mind and is keeping it, is NOT OK, and is breach of contract for which you have a right to recover your losses.

Granted, this might cost you more than you will get out of pressing the issue, but it's something you should definitely bring up with MOCO and the area attorney general. Might even want to make a BBB complaint.  I would however try to connect with the owner and let him know what you are contemplating and give him a chance to correct the situation first.

Imho, they got a better offer and are not keeping the bike. That makes this all that much more inappropriate.

I was waiting for the docs to be emailed all day. I had to text salesman to get them to call me. The SM finally called to give me the news at the end of the day. I've learned when you have an operation running like this they won't care who I call. I just want all to know so that they don't have the same experience.
 
After this and how other stores are acting I'm about ready to tell them all to Kiss my a$$. CVO buyers are the top of the HD enthusiast range in terms of money spent. However the dealers are so arrogant and treat us like sh#t. Being treated like they are doing us a favor for selling a bike to us is ridiculous!

[FlaHeatWave]

I guess that you tried Heritage H-D in Ft. Walton?

[Philip]

I guess that you tried Heritage H-D in Ft. Walton?

Yep, nothing there.

[EAGLE1]

My dealer treated me like a king, went out of their way to accommodate my every need,  I would not give them dirt bags a dime of your money

[Philip]

My dealer treated me like a king, went out of their way to accommodate my every need,  I would not give them dirt bags a dime of your money

I have one that is going above and beyond. Fingers crossed she can find a bike.

[cyco1450]

I am an atty.  give it the smell test...if it stinks  there's probably something wrong.  I would definitely contact the attorney general in Georgia, the BBB and put in writing to the owner the fact that you did so.  It could be fraud as well. If they really sold to another buyer, it could be bait & switch which is illegal in most states.  Perhaps a letter from an atty will at least get you the next CVO in line and maybe they even throw in something for their poor actions?

[brassspike]

I am an atty.  give it the smell test...if it stinks  there's probably something wrong.  I would definitely contact the attorney general in Georgia, the BBB and put in writing to the owner the fact that you did so.  It could be fraud as well. If they really sold to another buyer, it could be bait & switch which is illegal in most states.  Perhaps a letter from an atty will at least get you the next CVO in line and maybe they even throw in something for their poor actions?

I hope that you take this advice!
I will bet this dealer is banking that you simply take your toys and evaporate. He gets the additional 2-3 grand extra for the bike. Make him pay if you can. I would even add a letter to the CEO of HD. he needs to know that his dealers are affecting his company's image.

[Philip]

I am an atty.  give it the smell test...if it stinks  there's probably something wrong.  I would definitely contact the attorney general in Georgia, the BBB and put in writing to the owner the fact that you did so.  It could be fraud as well. If they really sold to another buyer, it could be bait & switch which is illegal in most states.  Perhaps a letter from an atty will at least get you the next CVO in line and maybe they even throw in something for their poor actions?

I believe someone probably is buying the bike for more money. In my experience courts are for attorneys to drain the money out of both sides. I have yet to see real justice come out of our legal system. BBB is a private organization of which very few dealers are members. The only thing that truly matters is public opinion and others choosing to spend their money at honorable companies. I appreciate your advice as you are correct in what is legal & illegal. However I will buy my bike from a company that deserves my money & time.

[Cat Eye]

I am an atty.  give it the smell test...if it stinks  there's probably something wrong.  I would definitely contact the attorney general in Georgia, the BBB and put in writing to the owner the fact that you did so.  It could be fraud as well. If they really sold to another buyer, it could be bait & switch which is illegal in most states.  Perhaps a letter from an atty will at least get you the next CVO in line and maybe they even throw in something for their poor actions?

If you can prove that you had a deal (meeting of the minds)...now it comes down to damages.  Go buy the same bike and if you pay more.....discuss with atty how to sue for damages.

Good Luck

[Rkw]

I would check to see if the dealer rep actually signed the buy order and the legal language on any document you signed. For example, I left $500.00 refundable deposit with my buy order, but the order wasn't signed by dealer rep and there was nothing in writing stating my deposit was refundable---I wrote that in the memo of check.

My dealer sold me the bike and we also negotiated the original buy order that lowered my overall cost, etc.

Step 1, what signed docs do you have? Then proceed from there. What attorney will take a "potential" breach of contract; was there an Actual offer and acceptance, etc.

What if you were a potential buyer and unable to buy the bike, would the dealer be able to force you to buy, etc? --this is just a different example.

The key is whether you actuly had a contractural agreement, etc--starts with docs, not "verbal"--deposit, signed buyers order w/ dealer rep sig etc.

[Philip]

Today I received a call from Sean Preston owner of Thunder Tower West HD. A very puzzled Sean was wondering why I was upset with my interaction with his Sales Manager Joe. After a brief discussion informing him of what had transpired Monday between myself and Joe he became very upset. Sean in-fact had no knowledge of my down payment or deal. Joe had lied to me and at least one other person about Sean keeping the bike for himself. Sean was actually out of town and in his words has a policy its all for sale.
Sean called Joe and the salesman in his office, while setting the phone down so he could ask them what had happened. The salesman indicated he didn't know why the deal was cancelled. Joe however didn't fare well. Joe was instantly terminated for lying. I commend Sean Preston for his taking responsibility of the matter and doing what I feel is appropriate when an employee goes off course. (I wasn't suppose to hear the conversation as I could tell the phone was being muffled)
Now as to my CVO hunt it continues. Sean is looking in to finding a bike for me as the other was sold to another buyer. I will keep all posted. Now it's time to see how far Sean Preston is prepared to go in-order  fully resolve the issue.     

[sadunbar]

Today I received a call from Sean Preston owner of Thunder Tower West HD. A very puzzled Sean was wondering why I was upset with my interaction with his Sales Manager Joe. After a brief discussion informing him of what had transpired Monday between myself and Joe he became very upset. Sean in-fact had no knowledge of my down payment or deal. Joe had lied to me and at least one other person about Sean keeping the bike for himself. Sean was actually out of town and in his words has a policy its all for sale.
Sean called Joe and the salesman in his office, while setting the phone down so he could ask them what had happened. The salesman indicated he didn't know why the deal was cancelled. Joe however didn't fare well. Joe was instantly terminated for lying. I commend Sean Preston for his taking responsibility of the matter and doing what I feel is appropriate when an employee goes off course. (I wasn't suppose to hear the conversation as I could tell the phone was being muffled)
Now as to my CVO hunt it continues. Sean is looking in to finding a bike for me as the other was sold to another buyer. I will keep all posted. Now it's time to see how far Sean Preston is prepared to go in-order  fully resolve the issue.     

Good for you and Good for Sean Preston....      Sales Manager Joe will probably turn up at another dealership or a used car lot somewhere...   

[East Coast]

I would follow through with Sean if your willing to wait for a bike and still willing to deal with them? I'm thinking your best deal will be there for your troubles?

[DICKW]

That's good to hear, I would give him the opportunity to make things right.

[mark]

That's good to hear, I would give him the opportunity to make things right.

Nice to see a dealer flush a turd.  Surely the owner can find you another hard candy CVO.