Selling Bike... Form for test drive liability? - Honda Shadow Forums : Shadow Motorcycle Forum
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post #1 of 23 (permalink) Old 03-28-2008, 08:26 AM Thread Starter
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Selling Bike... Form for test drive liability?

I am selling my bike on Saturday..or so I hope. The buyer is coming over and will probably want to test drive the bike an all. My question is does anybody have a form or waiver someone would sign before a test drive? Something along the lines of the buyer assuming all financial liability if the bike is dropped and me assuming no financial liability if he wrecks and injures himself. I will be checking DL and using my judgement before I let him on the bike. Any other info would be greatly appreciated.
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post #2 of 23 (permalink) Old 03-28-2008, 10:31 AM
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You are always taking some risks allowing someone to ride off on your bike (but it could seal the deal for you).

If a buddy has a bike you can borrow, you could ride along with the prospective buyer. Tell the buyer you just love to ride and you'll tag along. That would look better than 'tailing' him in your car like a vulture, and you could answer questions during the ride, as well as make sure he doesn't pop wheelies, drop, or ride away with the bike, etc.

As for the documentation, sounds like you know what you want. You could search Google for a template but it may be hard to find one specifically written for a motorcycle.

Use your word processing software to draft your own (notepad is sufficient). It doesn't have to be fancy, just clearly listing all the items you mentioned. You'll usually be able to tell in the first few moments of talking with someone if you're likely to even need the document or not.

Or, you could avoid all this... put the bike out in the driveway. Set up a large fan in front of it. Record about 30 seconds of revving the engine, hitting the horn, etc. When a buyer shows up and asks to try it out, have him sit on it, turn on the fan and play back the recording.

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post #3 of 23 (permalink) Old 03-28-2008, 10:36 AM
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Originally Posted by Maverick750
Or, you could avoid all this... put the bike out in the driveway. Set up a large fan in front of it. Record about 30 seconds of revving the engine, hitting the horn, etc. When a buyer shows up and asks to try it out, have him sit on it, turn on the fan and play back the recording.
I'm selling my bike too. No one test rides unless I have cash in hand. You wreck it, you bought it. Plus it weeds out alot of crap.

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post #4 of 23 (permalink) Old 03-28-2008, 10:36 AM
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I've read on the forum where other sellers have had the potential buyer write a cheque out for the full amount of the bike - or hand over cash - before a test ride with the understanding, you crash it you bought it. Some supporting documentation - signed contract - would probably be a good idea as your original question stated. You should be able to whip up something fairly quickly in a standard word document outlining the basic parameters.

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post #5 of 23 (permalink) Old 03-28-2008, 11:08 AM
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You can write it out in plain english. Minimally I'd include some specific points.

1. That the person holds a valid drivers license with motorcycle endorsement. (leave a space to enter his license info)
2. Riders understands the risks of riding a mc and assumes all risks.
3. The rider agrees to hold seller (you) blameless for any injuries incurred.
4. The rider/buyer agrees to pay for any and all damage to the bike up to full market value. Write in that value. You could add things such as loss of use of the bike and some value for that but you won't get it if push came to shove.

One thing worth noting. If the guy doesn't have an endorsement, don't let him ride the bike even if he does have cash in hand. Two reasons. In many states it is illegal and minimally your waiver most likely won't hold up because the poor ol fool didn't understand the risks and therefore the waiver is void. Plus, you as the knowledgable party should have known that it was likely he'd damage the bike and if he is injured, worse you didn't seem to care and let him do it anyway.

Best and Ride Safe

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post #6 of 23 (permalink) Old 03-28-2008, 11:35 AM
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That can be a Tough one. Personaly...I just Don't understand how ANYBODY Could or Would Buy A Bike from a Private Party Without Test Rideing it. I NEVER would. When I bought mine, I rode it in front of the guys House so he could see, I could ride...Then he said O.K. You can take it around the block or two. I guess its Kind of a Gut thing. But NOT Trusting Someone who came all the way out to Check out the Bike I think is a bad way to Start a Business deal. Good luck...

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Safety First,don't forget it. Safety First, You won't Regret it.
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post #7 of 23 (permalink) Old 03-28-2008, 11:53 AM
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No way anybody is riding my bike. You can watch me ride it, you can follow me or you can ride Bi%#*. But until I have cash in my hand, you are not riding it. You don't like it, fine, someone else will buy it.

If it ain't broke, fix it anyway!!
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post #8 of 23 (permalink) Old 03-28-2008, 12:08 PM
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Check with your local dealer and get a copy of the waivers they use for customers who want to test ride.

Also, check with your insurance company and find out whether what you have would cover an accident or if there's an amendment to your policy that would cover you and the bike.
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post #9 of 23 (permalink) Old 03-28-2008, 12:21 PM
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I'd say the key is the valid bike endorsement. My guess is your insurance would cover an accident, but a call to them would be worth your while. The other thing would be to fully disclose any problems with the bike. I suppose you could ride the bike to a large empty parking lot where he could test ride within you sight. It would be resonable to say, "Are you ready, willing and able to buy today if you like the way it rides?" If your gut says no, then say no.

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post #10 of 23 (permalink) Old 03-28-2008, 01:05 PM
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I think the best advice so far is to have CASH in hand before the bike is to be ridden. A copy of his drivers license would come in handy if he didn't return, but then again he had to arrive somehow, so his other vehicle should still be around. Definately call your insurance company, they may have paperwork for just such an occasion as a test ride when selling your bike. Have a complete description and pictures of the bike before the test ride. If he drops it out of your sight, but doesn't buy it or tell you, then you have a record of the condition of the bike, before and after the test ride.

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