Signing a waiver when someone test rides your motorcycle?

[willowstreetguzziguy]

What are your thoughts when a stranger is interested in your motorcycle "for sale" and asks for a test ride? Do you have them sign a waiver that if they drop it or wreck it,  they've bought it or they are responsible for the repairs? Just asking, because I have my '93 BMW K75S up on Cycle Trader and I'm getting responses and someone is coming later today to look at it and possibly ride it.

[oldbike54]

 Probably. hard to make it stick

 Dusty

[Arizona Wayne]

I get their keys for the vehicle they used to show up in and make a verbal agreement that if they break it they buy it.  Also verify they have a MC endorsement on their DL.  At the same time I size them up in conversation to see if I feel I can trust them on their riding skills.

[ITSec]

If you are going to get a waiver, get a real one - not just something you draw up. There may be something available through those legal form outlets (some are online). A badly written waiver might end up being worse than no document at all.

[rbm]

Have them provide you a cash deposit of your asking price up front, which you retain.  If they have an accident with the bike during the test ride, you keep the cash (they've essentially bought the bike).

[Perazzimx14]

If they can't put the full asking amount of cash in my hand with the agreement if the bike comes back in any different condition from when it left they now own it at the full asking price. If this isn't acceptable they are more than welcome to follow me while I ride the motorcycle and they look and listen from their vehicle.

A signed waiver may ultimately get your cash but it will most likely also involve the legal system and lots of time.

[HDGoose]

In the USA, one cannot waive rights before an incident occurs. Most waivers are worthless. Used to badger and intimidate later on.

An inspection is performed. Payment in full, then they ride. Refund if something was not stated and is found out during test ride. 

[Rough Edge racing]

 Selling a a vehicle is always a risk and any serious buyer will want a test ride. I judge the character of the buyer and the test ride depends on this. When I look at a bike for sale I may ask to ride it if interested. If the seller refuses or asks me to pay in advance I will move on...

[willowstreetguzziguy]

After an evaluation of him and possibly signing a waiver, I plan on riding my Guzzi with him on a planned route.

[Toecutter]

Ok... some may find this over the top, however...

I do up a simple, clear agreement that (paraphrased) states:

1) that the test rider has given me the purchase price, IN FULL, in cash (signatures from myself and Test Rider)

2) That the Test Rider agrees that if the bike is returned with any damages, then the Test Rider has purchased the bike, for full asking price, and the "deposit" won't be returned. (signatures from myself and Test Rider)

3) I fill out all driver's license information on the same form, DL#, address, etc. (signatures from both parties)

All this is done in duplicate, and I get a picture taken of the two of us, holding the form.

Yup, I have done this, and yup, it's never failed me.
Sure, it might be over the top, and I am unsure if it would hold water, but I think it certainly weights heavily towards me, should something go down.

[Triple Jim]

When I bought the Ninja 250 last year, I looked it over and negotiated a price with the seller.  Then I handed him that amount of cash and said I'd need to test ride it before finalizing the deal, and he and I agreed that if I damaged the bike, he would keep the money and I would keep the bike.  If I came back with the bike undamaged but not  happy with it, I'd get the cash back and he'd get the undamaged bike back.  I don't know how it could be simpler or safer than that for both parties.  I did have my daughter with me  to be a witness to the agreement, and having a witness is probably a good idea.

[canuguzzi]

Insurance.

[keithl]

What you want is the opposite of a waiver, you want them to sign a Letter of Liability and Responsibility.   But I would also want full payment in my hand before I let them ride.
 

What are your thoughts when a stranger is interested in your motorcycle "for sale" and asks for a test ride? Do you have them sign a waiver that if they drop it or wreck it,  they've bought it or they are responsible for the repairs? Just asking, because I have my '93 BMW K75S up on Cycle Trader and I'm getting responses and someone is coming later today to look at it and possibly ride it.

[canuguzzi]

All the forms and purchase price cash isn't going to make a difference if the person wrecks the bike because they ran into something and claim a defect in the bike. The bike konks out, a turn signal bulb burnt out , a brake seized up.

Check to see if they have insurance. You ought to have it as well and then you're not relying on some questionable form and maybe an amount of money that doesn't begin to cover damages.

It probably seems like you're covered with some form and maybe cash in hand. Somehow it seems if there is an accident none of that is really going to matter.

Your due diligence would be to verify they are a licensed individual and have insurance. Maybe some of the lawyers here would know for sure.

[Spuddy]

Payment in full, then they ride. Refund if something was not stated and is found out during test ride.

YES.

Spud

[normzone]

I get their keys for the vehicle they used to show up in and make a verbal agreement that if they break it they buy it.  Also verify they have a MC endorsement on their DL.  At the same time I size them up in conversation to see if I feel I can trust them on their riding skills.

When I sold my (crashed and revived) H2 back in the late seventies the guy left his truck and keys while he test rode.

He came back a half hour later, pronounced the bike unsafe and suggested I not let anybody else ride it.

The guy who bought it later was thrilled with it...

[oldbike54]

When I sold my (crashed and revived) H2 back in the late seventies the guy left his truck and keys while he test rode.

He came back a half hour later, pronounced the bike unsafe and suggested I not let anybody else ride it.

The guy who bought it later was thrilled with it...

 The first guy may have been correct  "But officer , I didn't mean to do a wheelie"

 Dusty

[Triple Jim]

He came back a half hour later, pronounced the bike unsafe and suggested I not let anybody else ride it.

I guess that's a good way to get a motorcycle ride once in a while, without actually having to buy one.   

[Cool Runnings]

Good grief. no wonder why I just traded the old bike in. 

[oldbike54]

 Asked the Texas Turnip farmer what he thought about all of this . So far all I'm getting is a blank stare , he seems to be confused by the concept of selling a motorcycle 

 Dusty

[Arizona Wayne]

Here's something none of you have mentioned.......... ..if you're selling a Guzzi,  you're going to be so happy anyone actually comes to look at it you will bend your demands to sell it.  And by the way, those of you who say you would not let me as a buyer road test your bike if I didn't first hand you cash,  our transaction is void.    I have never had to do that when buying a MC.

[blackcat]

Guess I'm lucky, but every MG I have purchased(7) has been sight unseen and not ridden. Granted, two were brand new.

[Fuzzy]

What AZ Wayne said. Maybe the environment in which I live allows me to feel more trusting (naive, gullible, just plain stupid), if I ever get someone to even call, I'll beg them to come visit and go for a ride (unless they are from Chicago  ).

If I'm buying I'm already feeling bad about a transaction if I am held up before it even starts.

[willowstreetguzziguy]

Well, I guess I don't have to worry about a "signing" for a while. The guy told me he's 97% certain he will show up tonight to look at my bike.  The 3% happened!!! haha

[drlapo]

You don't want a "waiver" you want a hold harmless agreement a covenant not to sue and an indemnity agreement.
They can be very affective if written correctly and are in widespread usage.
Samples are available on the web.
It's a good idea

[Dave Swanson]

It depends on the bike and customer.

When I sold my Honda CBR954RR I knew the typical young gun would want an "enthusiastic" test ride.   Cash in hand before test ride was my terms, and if it was dumped it was sold.  It worked out well and the young man had no problem handing over the wad of cash before his test ride.  He came back with a wild look in his eyes asking "how do you keep the front wheel down on this?"

At times I still miss that bike.  It was an adrenaline rush.