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It comes down to reasonable reliance. If it was reasonable for the OP to think this bike had a Suzuki engine, then the fraud is actionable. Given the seller's assurance of "no damage," the claim of a "new engine" reasonably implying a new Suzuki engine, and the strong resemblance of the Hyosung engine to the SV's engine, I'd say the OP has a pretty good case.

I'd like to see the seller argue that yes, he pulled a fast one, but the OP can't recover because he should have seen through the fraud. That's a crappy defense, IMO.
 
Alright, Let me explain...[stuff]... Why the heck he didn't just put a suzuki motor in it baffles me he couldn't have saved that much money.
First off, I hope this experience doesn't turn you off the idea of finding & purchasing a nice used SV. They really are nifty motorcycles (when they haven't been butchered & had weird motors transplanted into them). ;) It baffles me as well... he must have got his hands on the Hyosung motor dirt cheap, then rigged it in for almost nothing.

Second, as I orginally stated, ultimately it still comes down to "Buyer beware". Yes, it seems this person tried to defraud you. Yes, it appears he was acting in a deceptive manner. Yes, he's a bad man & will probably go to Hell for it. :p But it STILL falls on the buyer to take proper steps to protect themselves from bad people like this. I'm a firm believer in never buying a 'pig in a poke'... I would never purchase a motorcycle sight unseen, nor make a promise to buy it without inspecting it firsthand. If this means taking it to an expert, trained mechanic, or shop, so be it.

Finally, I hope you successfully back out of this deal with your wallet fully intact. If so, consider yourself lucky, then get back to finding a good used SV. :) We have a great community here, so if you need assistance looking at a bike, etc. post up & let us know. Folks around here are more than willing to step up & help a fellow member out.

Good luck!
 
D*mn man. That sucks bad. But did you not notice the mounts that were cut or broken? I understand the sticker part, but even at a quick glance you can see that something isn't right. Sorry to hear about that.
 
First off, I hope this experience doesn't turn you off the idea of finding & purchasing a nice used SV. They really are nifty motorcycles (when they haven't been butchered & had weird motors transplanted into them). ;) It baffles me as well... he must have got his hands on the Hyosung motor dirt cheap, then rigged it in for almost nothing.

Second, as I orginally stated, ultimately it still comes down to "Buyer beware". Yes, it seems this person tried to defraud you. Yes, it appears he was acting in a deceptive manner. Yes, he's a bad man & will probably go to Hell for it. :p But it STILL falls on the buyer to take proper steps to protect themselves from bad people like this. I'm a firm believer in never buying a 'pig in a poke'... I would never purchase a motorcycle sight unseen, nor make a promise to buy it without inspecting it firsthand. If this means taking it to an expert, trained mechanic, or shop, so be it.

Finally, I hope you successfully back out of this deal with your wallet fully intact. If so, consider yourself lucky, then get back to finding a good used SV. :) We have a great community here, so if you need assistance looking at a bike, etc. post up & let us know. Folks around here are more than willing to step up & help a fellow member out.

Good luck!
+1111
Small claims court. He sold you something that could kill you! Broken motor mount and small pieces of steel to hold the motor in place that would very likely fail under load. *******!! Good luck and keep us posted.
 
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Any insurance company would probably total the bike because of this. I've seen bikes totaled because of much less frame damage than that. Hope you don't have too much trouble getting out of it. And +1 to not buying a pig in a poke.
 
for the love of god whatever you do, DO NOT RIDE THAT THING. Thats number 1, those mounts could fail at any time, please dont endanger your life because you feel you are stuck with it.

Even if small claims court does cost money to file the suit, i would do it just to drag his ass through court. Frame is a write off and motor isn't worth anything. Thats bad dude, and definitely make sure you take someone who knows bikes or is at least mechanically inclined with you next time. Thats just bad. :(
 
Discussion starter · #57 ·
Guy will be giving me my $700 back since I have bike and he'll want to try and sell it to someone else...
I am mechanically inclined problem was I already made a hefty downpayment and actually believed that the motor was done professionally and even thought of making brackets to secure the mounts... Interesting first experience buying a used motorcycle! Man that coulda been a nice bike, anyone got a 1st gen sv650 for sale? Must have engine bolted to all mounts!;D
 
Guy will be giving me my $700 back since I have bike and he'll want to try and sell it to someone else...
I am mechanically inclined problem was I already made a hefty downpayment and actually believed that the motor was done professionally and even thought of making brackets to secure the mounts... Interesting first experience buying a used motorcycle! Man that coulda been a nice bike, anyone got a 1st gen sv650 for sale? Must have engine bolted to all mounts!;D
Consider yourself VERY lucky and learn from this. Take someone with you next time to look at a used bike. I'm sure someone here is selling a bike that fits your needs.
 
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