My question involves a consumer law issue in the State of: Arizona
Last year I stopped into a Motorcycle Dealership that sells a variety of bike manufacturers' models, both domestic and European brand names and told the Sales Mgr. that I was looking for advice on picking out a bike that would facilitate my 4x/week freeway commute of 90 miles per day for work and would also like to be able to take the bike off road on weekends to ride the recreational trails in the desert near my home. The SM showed me only one bike, a 2016 KTM 500 EXC and told me that this bike was perfect for my needs, as the 6 speed transmission, tall gearing and large engine could hold up to the rigors of my daily commute and would perform well on dirt trails with ease. The price of this bike was several thousand more than I had anticipated, but SM rationalized the higher price to this brand's exceptional reputation in the industry and no other bike could quite match its specifications. So I purchased the bike without doing further research, and come to find out the model the sales agent selected for me had much higher maintenance costs than several other models which would have been better suited for me. The 500EXC requires an engine rebuild every 130 hours of operation which costs $3400, and at the rate I was commuting and riding, it would add up to 5 rebuilds a year, which is $17,000 more than the other off-road capable bikes that do not have an engine rebuild requirement. I tried to extend the time beyond the specifications and after 160 hours then engine failed with catastrophic damage which will cost $7000 to repair. I feel the sales agent misled me into purchasing the bike which he had in stock and cost more than some others so he could make the commission, and that his bad advice cost me somewhere between $7,000 and $17,000. The maintenance was never discussed or pointed out to me during the sales discussion, and I only found out about from reading the manual once I had ridden the bike home after purchasing it.
Last year I stopped into a Motorcycle Dealership that sells a variety of bike manufacturers' models, both domestic and European brand names and told the Sales Mgr. that I was looking for advice on picking out a bike that would facilitate my 4x/week freeway commute of 90 miles per day for work and would also like to be able to take the bike off road on weekends to ride the recreational trails in the desert near my home. The SM showed me only one bike, a 2016 KTM 500 EXC and told me that this bike was perfect for my needs, as the 6 speed transmission, tall gearing and large engine could hold up to the rigors of my daily commute and would perform well on dirt trails with ease. The price of this bike was several thousand more than I had anticipated, but SM rationalized the higher price to this brand's exceptional reputation in the industry and no other bike could quite match its specifications. So I purchased the bike without doing further research, and come to find out the model the sales agent selected for me had much higher maintenance costs than several other models which would have been better suited for me. The 500EXC requires an engine rebuild every 130 hours of operation which costs $3400, and at the rate I was commuting and riding, it would add up to 5 rebuilds a year, which is $17,000 more than the other off-road capable bikes that do not have an engine rebuild requirement. I tried to extend the time beyond the specifications and after 160 hours then engine failed with catastrophic damage which will cost $7000 to repair. I feel the sales agent misled me into purchasing the bike which he had in stock and cost more than some others so he could make the commission, and that his bad advice cost me somewhere between $7,000 and $17,000. The maintenance was never discussed or pointed out to me during the sales discussion, and I only found out about from reading the manual once I had ridden the bike home after purchasing it.
Sales Agreements: A Breach of Contract Under Implied Covenant of Good Business and Fair Dealings
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