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Karma can take awhile.
Okay well here is the way I’m handling it if this were me. Take or leave my advice, just telling you how I would go about it.
Fact number 1:
…The og dealer sold bike (in demo mode) collected $9500+/-. Primary sale.(If they didnt the bike wouldn’t have been away from dealer in someone else’s hands)
Fact number 2:
… That somone else that paid the +\- $9500 to the dealer sold it to you. Secondary sale. (If that didn’t happen then the bike wouldn’t be in your hands)
Fact number 3:
… you don’t have the bike, or the +\- $9500. (The dealer does.)
Adding all those up, looks like at this point im buying an ecu for whatever 450 they have for sale at this dealer. and going in there and getting a 450 from their inventory. Probably after hours.
Hate To be like that, but how is what happened to you any different? And the one to blame is the dealer technically.
B&E for a dirt bike? LOL.
Shawn did not have legal title for the bike he sold you. No matter what else. If he had a contract to sell you the bike, with the owner of title, he may have some wiggle room. If he was just selling you a hot bike with a hot title, the court is going to make him make you whole. He will then have to go after the guy who burned him, or take the loss. It will take some time to go through the process. If Shawn is a legit business, he'll have to comply with the Judge's order. That's how it's going to roll. Shawn better have a savings account or a credit line to make restitution.
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I'm a Stark dealer and there is no demo mode. The bikes will run out of the box but the phone will not work until ownership is transferred via either the dealer or Stark. So it will run in the preset modes from the factory. In order to transfer ownership then the customer must have an account set up with Stark. You must have that e-mail account and the password for the dealer to set up the bikes phone. BTW anyone buying a unit its better to get a g-mail account because phone updates are done thru google. So I have a question for the OP, was the phone working? By working I mean connecting to the bike via bluetooth. If it was the only way that can happen is via the dealership doing a ownership transfer. If it was not then its most likely stolen outright. The bike cannot be tracked either wo the phone working. If you are being sold a Stark and the phone is not working that bike is most likely stolen. I'm not aware of anyone being able to get the phone connected to the bike wo a transfer of ownership.
I just want to express to you that I am telling you from experience. It would literally take you about 10 minutes to call the State Attorney General's office and see what they have to say. This will be over in a week to 10 days tops once you file the complaint with them. You already got the run around from local police department and I don't know but I'd bet Orange County that you are traveling to will be more of the same.
Even if you won a lawsuit, you will might be riding your new bike in about a year and a half. It ain't worth it, there just isn't enough meat on the bone to chase it for that long for such a short return. You might get awarded $15,000 plus lawyer fees if you can prove you had $5000 worth of grief and damages on top of paying for the bike. (Its sad but no one cares about your grief when it is put on paper with a number on it). Or you can get your money back in short order with the Attorney General. Its the highest attorney in the land whos say actually yields power. It doesn't cost anything. They are ALWAYS on the consumers side. They have absolute power over the licensed dealers to bend them to their will. There is no obligation in speaking with them. They will give you their opinion and direction and it will only take about 10 minutes. Easy decision in my opinion.
Interesting fun fact. They hold the license the dealer uses for his business. When they threaten to take the dealers license, they don't just threaten the license to operate the dealership. They threaten to revoke every business license the owner of the dealership possesses. Rental properties, contractors license, property owned under an LLC, everything is under their thumb. Tell me they can't get your 10G back. Call them and find out. That's my advice.
Don’t listen to this guy obviously. $10k ain’t worth going to jail over. Anyone who tells you to go break into a business and steal a bike is a clown.
Document and retain all receipts for gas mileage, toll fees, travel fees, loss of wages, etc relating to this case. If he’s found liable then you can be reimbursed for essentially everything involving this case.
This
No one saying shit about the Asian guy who supposedly bought the bike with fraudulent payment. He seems to be getting the pass here.
I feel this bitch bought the shit with fraudulent funds (still can't figure out why the dealer didn't transfer the bike to him and get that phone working? This keeps the dealer in on something for me).
Then, this "Asian" guy sold Shawn a hot bike. Shawn realized pretty quick he was out $9500'ish and tried to get his money back by sell that shit onto someone else. Sorry OP that was you. But I'm not blaming you. I've bought things with less confidence than you had buying from Shawn.
So, what about the Asian guy? We barely even talking about this crooked bitch? I feel he is working with one of the other two and I'm leaning toward dealer as they the ones responsible for getting the bike setup and transferred to the customer.
There is a couple unanswered questions for me. As you stated how did he walk out un-activated. Shawn does not seem like a dummy to me. I have a hard time believing he would have gotten duped so his part remains the biggest mystery for me although I could be wrong. Also is it possible the phone was deactivated by the dealer after the fact?
Now possibly the dealers accepted credit card, forged bank draft or even with a wire I know they can have the money in the account then suck it out. The system gets back checked and they take the money from your account.
I bet the "Asian" guy doesn't even exist and is just a made up villain to draw attention away from the real thieves.
The only thief I have seen so far it the dealer. They cobbed this fellows bike.
How so? You believe he was paid for the bike yet still involved the police to get it back?
Because i suspected and believe Nate victim had legal title to the bike.
But then why not activate the bike if the deal is complete?
Who is Nate, is that the OP?
Even if OP had legal title, which is clear as mud at this point, how is the dealer a thief? He asked for the bike back and OP gave it to him.
Do you really think the dealer is being truthful with him? Did you even read the thread or just single out my posts?
Yes I have a hard time believing the dealer was paid for this bike and then called the cops to get it back. Nothing is out of the question, but that option makes the least sense.
Dealer got screwed, bike magically shows up months later, he asks for it back (in the presence of the investigator), and OP hands it over.
Pit Row
If dealer did legitimately sell this bike to someone shouldn't he have got the ownership changed over and the bike fully activated and ready to ride? Maybe this is on the new owner alone to do this step? Although if I were buying a bike I didn't understand I don't think I'd leave the dealership without my bike ready to ride 100!
Maybe the dubious of owner said I can do all that as they may be familiar with the bike.
I've read this whole thread and did we ever determine for sure the bike was issued the ca title when it left? Pretty sure we said Shawn gave out a POS title.
It was pushed out in broad daylight right?
Being out $9,500 is bad, but being out $9,500 and being in jail is much worse.
The dealer made the original sin (edt: mistake, but i'm upset by their actions so not striking it out). Because the dealer is whole, I don't see there would be a lot of interest from any law enforcement to support the OP. They (dealer) got their bike back and are lucky for it.
Glad to see the part of moto that makes it truly special still does exist.
I never said I’d be the one doing it,
AC/DC sung a song about this, not sure if you have heard it.
You are still gonna get fleas.
Well, it’s been a crazy day but a good one!
First off I want to say thanks again to everyone that responded to this thread, offering advice and even help at times. It’s very much appreciated, I’ve been reading every response intently and Vital really has shown that it steps up for its community in a time of need.
So I had mentioned a few days ago that I was waiting to hear back from Stark (who had read this post) and the dealership where the bike originally came from. Well, today I got some great news!
The good people at Stark Future and Coyne Powersports in Banning, California set me up with an incredible deal to get me back out in the dirt on my very own brand new Stark Varg!!🤯
Knowing that a few have pointed fingers toward the dealership, feeling that they had some culpability in all of this, I do need to clarify that now knowing every detail of this case through firsthand communication and police reports, I can categorically say that neither Stark or Coyne had any reason to help me out other than just being good people. There are so many details to this very advanced scam that it would be impossible to explain to everyone every aspect, but the only people at fault here are the (mystery) Asian guy who scammed the dealership and Shawn who sold me the bike. Period.
I want to extend thanks to Mike Sleeter, Ryan Kessinger, Todd Baldwin, Sean Hummel and the big man Anton Wass for just being rad people.
The lawsuit against Shawn Guerette is underway and tomorrow….I’m going fuckin’ riding!!🥳✌️
Congrats bud that's a huge beaming smile you have there
I haven't replied with any advice as I have nfi about US laws etc but have been following this thread hoping for a good outcome.
Hoping this feels like a positive win for you until the other shit gets sorted out !
Hell yeah! Great to hear stark and the dealer came through for you that’s awesome! Hopefully the others eventually get what they deserve and glad you can go ride! Have fun!
Love this. Good for you my. man!
Bust some berms tomorrow!!!
Fuq yes! Enjoy the ride! I hope that whatever crooked mother fukr involved get what he deserves in due time.
Cool bike.
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