General Cycling Discussion - LBS sold my bike!!

i put a 2002 Giant OCR2 on layaway about 2 weeks ago. It was a year end closeout so it was 100$ bucks off and it was the only one in that size. The layaway was for 30 days.

So i get a little loan from my brother cause i couldn't wait any longer and i go today to pay it off and take it home. I go up to the clerk and he's like "ummm.... let me go talk to the owner". The owner comes up to me and is like "ummmm..... i didn't expect you in for another two weeks. We don't have your bike."

Is what happened is the owner found out a couple of 02' OCR2's were still up at the Giant place in California and they were supposed to be shipped out to another store but that store cancelled its order, so he ordered them, and thinking that i wouldn't be in for a month he put my bike out on the floor and it got sold. The ones he ordered won't be in till monday. sucks don't it. They are going to give me 20$ in accesories for my troubles. Does anyone else think this sucks major ass, they could of held my bike, and just waited till the ones that were being shipped came in and sold those. Needless to say i'm not very happy with my LBS right now

Not only does that suck big time, but $20 in accessories is nothing to the LBS. I would be strongly suggesting to the owner perhaps his shop's reputation is worth more that $20.

Just a thought.

<imho>
Try to threaten him with legal measures. I'm not sure if you can actually press any charges on this incident, but still...
</imho>

Its not your bike until you pay for it :) Yes, it sucks, but such is life.

if the layaway is for 30 days, then he is only responsible for having the bike on the floor on the 30th day. He can do what he wishes before then as long as he gets your bike by the 30th day.

I had that happen. My wife & I bought bikes for Christmas. They were put on layaway. When we came back in February, her's was gone and mine was on the display floor for sale (and cheaper).

They sent me home with 2 bikes, but my wife thought her's seemed too big. A quick look, they gave us a bike to big for her.

I brought the bike back, and they rush ordered one from the factory. Then they gave us a discount on both bikes.

When you put money down on an item for layaway you and the shop enter into an agreement that the particular item will not be sold until you either pay it off or the term of the layaway runs out. The shop was compleatly in the wrong. When you put some thing on layaway you are saying that you will have it paid off in a certain amount of time OR at any point within the time period and by taking your money the shop is agreeing to those terms.
Any shop that did that to me would loose my business.
Slainte:beer:

You can either get your money back or take delivery of the bike next week. Those are your choices. What would you have done in his shoes? See... he still wins. He sold two bikes instead of one if you take delivery. As far as the 20bucks off on accessories, oh please. I mean it's customary for the LBS to throw in around 20 bucks worth of stuff on the purchase of a new bike without any problems encountered by a customer along the way.

Technically it wasn't good business practice from a customer relations standpoint but from the LBS's point of view, you're getting the bike you put on layaway... just a week later. Not a huge inconvenience and nothing you're going to sue over. Maybe get him to commit to changing out the saddle for free in the event the stock saddle doesn't work for you. They can be a pretty chunk of change.

The LBS I used to do business with where I bought one of my bikes is no longer on my list of places to shop for reasons like the one you mention.

That sucks. :crash:
I have always thought a layaway agreement was just that -- an agreement between the buyer and seller.
Throwing in $20 worth of accessories is nothing.
Press the issue for a better deal.

Originally posted by MeHT
<imho>
Try to threaten him with legal measures. I'm not sure if you can actually press any charges on this incident, but still...
</imho>

Just what we would need .. another case of someone suing when he is still going to get his bike just a week or 2 later.:rolleyes:

Originally posted by Edward515
They are going to give me 20$ in accesories for my troubles. Does anyone else think this sucks major ass

I'm sure that you're bummed as your expectations were to be riding right now. However, take the $20 worth of stuff and be happy when the scoot arrives. :D

Originally posted by Stor Mand
Just what we would need .. another case of someone suing when he is still going to get his bike just a week or 2 later.:rolleyes: I'm not saying to actually sue them, but just tell them that this is a possibility. If the store manager really values their reputation, he'll make sure the store is not sued. If the store has a greed to hold an item up to a date, they are oblidged to hold this item up to the due date.

I suppose you could threaten legal action if you really are planning not to do business with them again. Personally, I wouldn't ... there really is no harm done. If you are bothered that much, don't buy it and take your business elsewhere.
:beer:

I don't agree with the sue thing. However, I really don't think 20 dollars in accessories is a fair return gesture.

I had this happen once, but the other way around. A guy put a bike on layaway. I liked it, so they sold it to me. I was the one with remorse, not them. However, they checked their system and ensured that there was another bike (same size) at one of their other locations, just like it. So, if the guy would have been in the store to pick up the bike that day, he would have been inconvenienced for only a day.

I always hear about the "good" bike shops and "bad" bike shops. However, I don't think I've seen a bike shop that acts 100% in the best interest of the customer. Can't say I blame them. However, I do agree there are some worse than others.

The owner could be cheap too. It doesn't mean that the employees or the shop is bad. In one case, I got to know the employees at my LBS. The owner was cheap, but they use to cut me employee discount deals behind his back:D

"It's not what you know, but who you know."

LBS management/ownership took a calculated risk and blew it. Perhaps it was a case of a sales person trying to please another long time customer or collect 2 commissions without waiting. Whatever the reason, they have in a sense admitted they mistreated you by offering you the discount on accessories.

Make a decision. Still want the bike? Buy it and take the $20. Want to stand on principle and have convenient alternatives to that LBS now and in the future? Then cancel the sale and go elsewhere.

I would suggest to you that forgiveness will likely get you farther in the future with regard to your relationship to that LBS. Might even get you "permanent" discounts.

I do feel for your frustration at not getting the new bike when you wanted to. I am an instant gratification sort of person myself.

Just a suggestion, but I'd really really check out that new bike when it comes in from GIANT. Make sure it's the right size and all that. If it's not... tell him to go pound sand and find a new LBS. That's kinda BS in my book. Especially if this was a written down layaway. If it was just a verbal agreement then I can kinda see what he was doing.

On the plus side, you are getting a brand new bike from the factory and not one that has been on the showroom floor for awhile.. and probably been ridden around quite a bit.

PBW

Originally posted by webist
Make a decision. Still want the bike? Buy it and take the $20. Want to stand on principle and have convenient alternatives to that LBS now and in the future? Then cancel the sale and go elsewhere..

My thoughts exactly...

It's been my experience that stuff like this usually works out for the best in some manner. Don't make an irrational decision just because you are ticked at the shop. Think out your decision and make it on sound reason. I'd try to get the shop to go up on the 20 dollar deal. If not, I'd just stick it out. I've been waiting 3-weeks for a helmet now, part of it the shops fault(I work at the shop ha ha) but mostly Specialized's fault. I thought about cancelling my order and gettting something different, but I figure it's worth the wait and I'll stay on my boss' good side. You may be dealing with a good shop, they just made a bad decision. I bet you've made bad decisions in your life too.

[i]
On the plus side, you are getting a brand new bike from the factory and not one that has been on the showroom floor for awhile.. and probably been ridden around quite a bit.

PBW [/B]

That's the only good thing i've seen in this whole deal. I will be getting an never ridden bike, and the owner promised it was the same size.

I'm not gonna fight with them about this, i was pretty understanding i think. I'm gonna take the 20 bucks. I was also thinking, i didn't sign anything, it was just a verbal contract so i'm afraid that if I fight with them over this then they'll just be like, OK we'll sell this bike too and then i'd loose the bike and possibly an LBS.

Also is it usual to get a free tuneup after the first couple of weeks/hundred miles or so. I read alot of places that you need to get a tuneup after the first 100 miles. Is this true and do LBS's usuallly offer this?

Yes, I dont know of a single LBS that does not offer some type of free tune up service with purchase of a new bike. My fav shop provides a year of free basic tune ups.

There are two shops up here, 1 has free tuneups for 90 days
it's the better shop

the crappy shop offers 1 free tuneup within 30 days (how crappy is that?)

the shop from my hometown had free tuneups (ulimited!) for a year! which included f/r derauiler adjustments, adjusting brakes, trueing wheels. I only took it in twice, but it was nice to know that I could at any time.

They made an obvious mistake, everyone does at some point. Give them another chance.

I like the idea of getting a brand new bike from the factory, that hasn't been test ridden for months.

Personally I never use laybuy/layaway, I am too impatient to wait. I need instant gratification, much to my wife's displeasure.

BTW. That's a good bike.

CHEERS.

Mark

IMHO that is bad business. The shops I've worked at, you put money down and you get a carbon copy of the bike's invoice showing your payment and the bike's individual serial number and that bike is yours, as far as we're concerned. If another person wants that size, model and color and the factory has one, they can wait the two weeks. Just my 2c worth.

Originally posted by Edward515
Also is it usual to get a free tuneup after the first couple of weeks/hundred miles or so. I read alot of places that you need to get a tuneup after the first 100 miles. Is this true and do LBS's usuallly offer this?

I've bought 3 bikes in the past year from the same LBS. They actually insisted that I bring each one back after 100 miles for a tune-up. Cable stretch, wheel truing, derailer adjustments, etc., according to them are very important to the safe and efficient operation of the bike. Many of these adjustments are needed after the bike has carried your weight and been stressed by riding even the best of bikes.

My LBS sells between 5 and 15 bikes on a typical Saturday. Yet, they grab my bike and put it on the stand whenever I come in and make what ever asjustment necessary and never charge me. When I asked about this they simply said, "No charge for adjustments or flat repairs for the first year of ownership."

I agree with mechBGon, but would be inclined to give the LBS a break, if they have treated you well in the past.

After all, a two week wait is not such a big deal and they are trying to make it up to you.

If you intend to have a long relationship with these folks, I would allow for a little give-and-take.

regards
Dan

Are you serious about the legal action? Come on. It was a mistake. If the guy was sincere and wants to try to make up for it, take that.

Running a bike shop is a damned tough business...Don't get yourself too twisted about him pinching your layaway. Yea it was a mistake. Buy the bike somewhere else.

Once you get out and start riding, you'll soon forget the trouble you had.....

Go with the flow.

I'm kinda thinking what they did is illegal----since you put money down and entered into a sales transaction for that particular item. If they made it right and gave you exactly what you contracted to purchase--- I wouldn't sweat it too much-----bikes are all pretty much the same.

About a month ago---I put a rifle an lay-a-way that had an exceptional walnut stock on it---simply beautiful----probably not seen in 1 in 100000 of their rifles. NO---they didn't sell it out from under me----but if they would have---I would have definitely sued as it was a rare and for the most part irreplaceable item. The main reason I put it on lay-a-way is so they couldn't sell it to someone else and I didn't have the funds at the time. My beautiful rifle is home now.

The thing is, if he sued all he could make them do is produce a similar product. He wouldn't win a cash award.

It'd be like "you said you'd have this bike!! I sue you!!!"
then, if he won... He'd pay them the full amount, and they'd have to give him the bike... I don't see that he'd win any puenative damanges. Plus he'd be out court costs, and the bike shop probably wouldn't like him anymore.

So I wouldn't sue.

Anyone recall the Senifeld episode..."You know how to TAKE a reservation, you just don't know how to HOLD the reservation. And HOLDING the reservation is the most important part".

The shop is responsible for keeping said bike on premises and available only to you for up to 30 days. Selling the bike out from underneath you sucks and I would take my business elsewhere. Strictly principle.

I think we have several, slightly sensitive people here ... or is it just my imagination? The LBS made an error but I'm sure that we are all infalible (sp?) and would never make such an error. If the bike was not able to be had within a short period of time or not at all, then be pissed and take your business elsewhere. Other than that, wait the week or 2 and enjoy the untouched, brand new bike and whatever else they may throw your way for the inconvenience.

:beer:

well i am happy to say i got my bike! They originally told me Monday, so i went in monday and it wasn't there. On Monday they told me it would be there tuesday, i called it wasn't there, they told me it would be in on Wednesday, and i called and it was there! I know this was due to shipping times and the owner was just giving me an estimate so i'm not that pissed off.

and it was totally worth the wait, i'm in love with that bike i cut my time in half almost from just last week on the old comfort bike, thanks for caring

now if only my darnded computer would come in the mail

Ed, I'm glad everything worked out, enjoy the new ride.