2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

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Tcrrancc J. Carter Condcnscl t IH DEPO-SQUISH
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i ! altomey.
A. No, I can’t rcmcmhcr his IKIIW. I IC was an
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I Q. Do you know if you sold that one for more or
i less than you had originally paid for it?
5 A. I gol my salts tax hack on that one.
, Q, How long did you have that 2000 hike heforc
7 you sold it?
i A. Couple months.
3 Q. You indicated that you purchased a bike from
1 St. Paul IHarlcy.
I A. Purcha.sed a bike from St. Paul?
2 Q. Yes.
3 A. I can’t remember what bike that was. I
1 remember leaving St. Paul and driving it home. And I don’t
5 remember what kind of bike it was, to be honest with you.
5 I think it was a -- I just don’t remember. I think it was
7 a Softail Custom. That’s what I was into, Customs and
K Herilages.
9 Q. And was this subsquent to your tmnsactions
3 at Twin City Harley-Davidson:’
I A. I don’t remember the lime frame.
2 Q. But you ultimately sold that motorcycle as
3 well. Correct?
4 A. Yes.
5 Q. Do you remember who you sold that motorcycle
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I to’?
2 A. If I remember, it was a ‘98 Softail Custom. I
3 sold a ‘98 Softail Custom to a priest or a minister in
4 Farmington by the name of Sboli, S-B-O-L-I, something like
5 that, a minister. He officiated at a friend of mine’s
6 funeral. That’s how I met him.
7 Q. Do you know if you sold that one for more or
8 less than you had paid for it?
9 A. No. Plus all the options I had on it, I don’t
I 0 remember, but it was close. I might have retrieved my
I I sales tax back on that one too.
I 2 Q. Do you remember how long you owned that bike
1 3 before you sold it?
I 4
I 5 of.
A. Most of the sum&r. That’s all I can think
I 6 Q. while your name was on the waiting list for
1 7 the three bikes we’ve talkedabout at Twin City
1 8 Harley-Davidson, did you purchase any Harleys from any
1 9 other dealers during that period of time?
2 !O A. 1 would say probably.
i !I Q. Do you rememher which bikes you purchased
; !2 during that period of time you were waiting for motorcycles
*
1 !3 at Twin City Harley-Davidson’?
; !4 A. No, I can’t.
2 !5 Q. Do you remember what dealers you dealt with
Kirby A. Kennedy & Associates (952) 922-1955
I during Ihal period of lind!
2 A. I can rcnlcink7 lhe dwlcrs I da~ll with in
3 gcncral. hut I don’t know which hikes I hc~ph~ when and how
4 ~hcy fin in between other bikes. 1’111 sorry.
5 0. Do you know if you ever paid MSW or less than
6 MSKP al any other dealers that you purchased ninlorcycles
7 lions’!
8 A. All nly prices thal 1 ever bought n~otorcyclcs
9 for were based on MSRP excqt Twin City South.
0 Q. No, that’s not nay question. All prices arc
1 hased on MSRP in sotne way or the other.
2 A. Except Twin City South. He spifically said
3 his prices are not based on MSRP. .rhey’rc hased on nlarket
4 value.
5 0. I want to know if at any other de&r you’ve
6 dealt with other than Twin City Harley-Davidson, the price
7 you paid for those motn,r~ycles was either a~ MSRP or
8 sonlewhen: below MSRP.
9 A. They were all at MSRP plus whatever extras I
0 had on there.
!I Q. So you never paid more than MSRP at any other
12 dealers that you purchased a motorcycle from?
13 A. No. MSKP, freight and selu~. and IINXI niy
!4 extras. That’s it.
!5 Q. Do you remember how much you paid for freight
I can .setup at these other dealers?
2 A. No, I don’t. It varied, but mostly il was
3 what was in the book, in the price book.
4 Q. Can you give me a ballpark figure as to what
5 you were paying for freight and setup at these other
6 dealers?
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7 A. Between four and a half, somewhere around
8 there, four and a halmve hundred, depending on
9 different models had different amounts.
IO -.
II
Q. $500?
A. Four ‘and a half, five’hundmd. Four a& a
.%;i,.
12 half U&lly I think. FOG h&ted, four a;lh a b&f.’ ‘I
1 ,. .I .*:,,
I3 Q. & you &be$ if f&&t an! ,stiit k?@S. ” y “’
14 included in the price you were paying f@r:yo$J$+&~es ’
15 at Twin City Hz&y&vi ii? ’
16 A. It wasnevermenti 7liixi . ‘.
”
t. ,,;,
1;
.,::
17 Q. So to the extent you believe you wet+&%
18 over MSRP. that included freight and setup at Twin City
I9 Harley-Davidson?
20 A. I had no reason to believe that. It
2 I included -- the price they gave me included everything,
22 whatever they wanted to make it.
23 One thing they specifically did not call it
24 was additional dealer markup, which is what it was.
25 Q. What was your understanding as to whether you
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