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Author Topic: Lemon Law  (Read 4204 times)

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muddypaws

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Lemon Law
« on: September 09, 2010, 07:43:10 AM »

Has anyone used the lemon Law due to the fact that HD can't fix a problem with their Bike? I started the process yesterday and the attorney said it will not be a problem to have HD take back the bike. Will take up to 45 days.
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Bill

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Re: Lemon Law
« Reply #1 on: September 09, 2010, 08:06:17 AM »

Has anyone used the lemon Law due to the fact that HD can't fix a problem with their Bike? I started the process yesterday and the attorney said it will not be a problem to have HD take back the bike. Will take up to 45 days.


Don't trust your attorney :nixweiss: ?
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JCZ

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Re: Lemon Law
« Reply #2 on: September 09, 2010, 08:34:33 AM »

We just settled a lemon law suit on our BMW sedan.  It was way easier than I would have ever guessed.  If you have all your documentation (receipts), it was a cake walk. :2vrolijk_21:  I think it took a total of about 2 1/2 months.

Once we returned the car, the loan was paid in full within 24 hours.  The attorney received the check within the week but they hold it for ten days (to clear the bank) before they issued a check to us.

Yes, we would do it again if the situation were the same.

I know of two different cases where the MoCo took back a bike, paid the loan off and returned money to the customer, here in Cali.
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Keats

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Re: Lemon Law
« Reply #3 on: September 09, 2010, 08:52:49 AM »


"Lemon Laws" are state Statutes and and vary from State to State.

Here in PA Lemon Laws do not apply to Motorcycles.
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Dan_Lockwood

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Re: Lemon Law
« Reply #4 on: September 09, 2010, 09:38:10 AM »

I remember here on CVO that discussion came up several years ago.

It seems that there is an expected life cycle of a vehicle.  A car was upwards of 100k miles or slightly less, but motorcycles were around 20k to 30k miles as I remember.

The problem with this is that if it's taken "some" length of time to resolve, let's say a 2007 CVO 110" problem, you could have over 20k miles on the bike by the time you file your claim.  You'd end up with very little and no bike.

I'm sure though that your lawyer has explained all of that right up front with you, but the mileage thing seemed very unusual to me at the time; still does for that matter.

Good luck with your quest.

Also, I think part of any Lemon Law law suit will have a gag order with them.  So if someone here has done a Lemon Law bike suit with Harley, they will not be able to discuss it here on the forum.

Just inquisitive I guess, but what problem(s) are you having with your bike that cannot be fixed?

Thanks and again, good luck.
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muddypaws

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Re: Lemon Law
« Reply #5 on: September 09, 2010, 09:42:04 AM »

Starting. Two clutches, one starter and two clutch bearings.
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Bill

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Re: Lemon Law
« Reply #6 on: September 09, 2010, 04:47:52 PM »

Starting. Two clutches, one starter and two clutch bearings.

I'm not sure, but I think the problem has to be the same problem that cannot, or has not been fixed by the dealer/manufacturer.

So if you had a heads crap out on you twice, the throttle body twice, stator once and the crankshaft once, that's not three attempts on the same failure.

Now I think there is something in "some" of the Lemon Laws that if a vehicle is in the shop for so many days within a certain period or over so many consecutive days, that could be grounds as well.

Again, good luck and I hope you do get the issues resolved.
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Dan

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Keats

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Re: Lemon Law
« Reply #7 on: September 09, 2010, 05:22:48 PM »

Starting. Two clutches, one starter and two clutch bearings.


I may have you beat....

2 radios
1 crank
1 oil pump
1 main bearing
2 acr's
1 throttle body
1 starter
1 set heads
1 neutral switch


not bad for 18K miles

down time over 6 mos total

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yellowhog

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Re: Lemon Law
« Reply #8 on: September 09, 2010, 06:31:10 PM »

In my state (Illinois) the lemon law reads as follows:

In order to be covered by the Illinois Lemon Law, a vehicle must:

    have a nonconformity that both substantially impairs the use , market value or safety of the vehicle and is not repairable by the dealer or manufacturer in at least four attempts for the same repair, or
   
be out of service for a total of 30 or more business days.

The Lemon Law DOES Cover: New Cars (purchased or leased)
Light Trucks and vans under 8,000 pounds
Recreational vehicles (excluding trailers)
Vehicles in their first 12 months or 12,000 miles, whichever occurs first
Vehicles purchased in Illinois

The Lemon Law DOES NOT Cover: Used Cars
Altered or modified vehicles
Motorcycles and boats

You'll notice that Motorcycles are NOT COVERED!!  That's certainly B.S.!!!  Usually, any modifications made to the vehicle makes the lemon law inapplicable, but each state is different.  The real issue is...why the hell are these very expensive "luxury items" built like crap???
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kb

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Re: Lemon Law
« Reply #9 on: September 09, 2010, 06:56:54 PM »

I'm not sure, but I think the problem has to be the same problem that cannot, or has not been fixed by the dealer/manufacturer.

So if you had a heads crap out on you twice, the throttle body twice, stator once and the crankshaft once, that's not three attempts on the same failure.

Now I think there is something in "some" of the Lemon Laws that if a vehicle is in the shop for so many days within a certain period or over so many consecutive days, that could be grounds as well.

Again, good luck and I hope you do get the issues resolved.
Dan is correct, but it does vary from state to state.
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muddypaws

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Re: Lemon Law
« Reply #10 on: September 09, 2010, 08:36:41 PM »

In Virginia I'm covered. The paper work has been filed with HD. I will let you know how it goes.
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Bill

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Re: Lemon Law
« Reply #11 on: September 09, 2010, 09:02:58 PM »

In Virginia I'm covered. The paper work has been filed with HD. I will let you know how it goes.

 :2vrolijk_21:
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Re: Lemon Law
« Reply #12 on: September 10, 2010, 09:14:33 AM »

I tried, it failed.  HD sent out a guy from Milwaukee, test rode the bike, wrote a letter saying it ran like crap, but no leaks found (didn't look for seeping).  He said I caused the leak (that wasn't there) by changing the exhaust and air cleaner (it was stock).  I have the letter sent to the attorney that the clerk faxed to me by mistake.

That's why I'll never buy another new bike from them.

BTW, the Mass law has a maximum life of a motorcyle at 20000 miles I believe.
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Re: Lemon Law
« Reply #13 on: September 10, 2010, 12:16:43 PM »

I tried, it failed.  HD sent out a guy from Milwaukee, test rode the bike, wrote a letter saying it ran like crap, but no leaks found (didn't look for seeping).  He said I caused the leak (that wasn't there) by changing the exhaust and air cleaner (it was stock).  I have the letter sent to the attorney that the clerk faxed to me by mistake.

That's why I'll never buy another new bike from them.

BTW, the Mass law has a maximum life of a motorcyle at 20000 miles I believe.
Honda and BMW make good bikes, they all have issues, but less than HD.  I know I just started a fire storm, but I like to ride, thats first, the brand is second.  If number 2 gets in the way of #1, then #2 is history.  Good luck!!
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GregKhougaz

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Re: Lemon Law
« Reply #14 on: September 10, 2010, 01:01:00 PM »

Muddy,  I recommend strongly that you read here:  Virginia Motorcycle Lemon Law.  You probably misunderstood the 45 days. 

"Under Virginia Lemon Law, within 18 months of the delivery date of the motorcycle, you must notify the manufacturer or dealer in writing of the problem, and they have 15 days to make one final repair attempt."

In CA, the entire process can take two months to a year.  The statute here awards attorney fees to the "winner" and thus most "lemon law" attorneys will take a case on a contingency to collect those fees against the manufacturer.  The argument you face is whether,  "Two clutches, one starter and two clutch bearings" is a defect that "Has substantial defects affecting the use, safety or value of the motorcycle."  You will also need to show the bike, "Has been taken in three times for the same problem or has been out of service for a cumulative total of 30 calendar days."  HD may settle or it can take the matter to a hearing.  There are no guarantees of success.   Good luck! 

Can't wait to hear why Don says don't trust your attorney.   ;D
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