lemon law
First, let me say that your experience isn't right. A consumer spending close to $30 grand on a Brand New Vehicle shouldn't have to keep spending money just to make said vehicle safe & useable & believe me, from past experiences with similar issues, I Understand your frustration.
I will also add, once you bring Lawyers or the threat of a Law Suit into play, then you're most likely going to end up on the loosing side of the battle & again, I say this from my own personal experience with similar issues when we originally bought our POS 2010 RT-S. As I discovered, most states (like NY) 'Lemon Laws' do NOT cover MotorCycles, so there's no Federal Laws to back you up & force the company to do the 'right' thing, at least in your eyes. Here's an exerpt from New Yorks Lemon Laws, that clearly state they do NOT cover MotorCycles.
New York has laws to protect you in case a dealer sells you a "lemon"―a car that is unsafe, inefficient, or riddled with defects. New York's New Car Lemon Law compels the manufacturer of such a car to make the necessary repairs (usually through the dealer that sold it), refund your money, or replace the vehicle. The law is limited to cars used primarily for personal use and does not cover motorcycles, ATVs, or the living quarters of an RV. A car is covered under the New Car Lemon Law if all of the following apply:
- It was covered under a manufacturer's warranty when it was originally delivered to its first buyer.
- It was bought, leased, or transferred in the state of New York within the vehicle's first 18,000 miles or two years from original delivery (whichever is earlier).
- It's registered in New York.
Notice that a vehicle with up to 18,000 miles on it may still be covered under the New Car Lemon Law.
Now this doesn't mean you have no hope, but if you do choose to go the legal route, remember, BRP is a pretty large Company with their own Legal Department and many Lawyers on their payroll. If it comes down to litigation, you'll need to have deep pockets and worse, while this could take years to wind itself through litigation, your Spyder will still be .......... less than desireable, at least for you.
I had a lawyer on retention back in 2010 ready to fight, but in the end, I realized it would be a loosing battle. It all comes down to your relationship with your dealer to make things right. If that doesn't work, find a reputable dealer that will take care of you. Personally, I took a loss & traded our 2010 nightmare for our 2011 SpyderFest Eddition RT-S from Len (then at Cowtown) now at PitBull PowerSports and I have to tell you, it was like the difference between night and day.
Your inbetween the rock & a hard place and I don't envy your situation at all. Teddy & I both wish you luck no matter how you choose to proceed
ray:
New York State has had a Lemon Law for motorcycles since September, 2006. I have used it to file a complaint and won the Arbitration case. Here is the law:
New/Leased Cars, Motor Homes and Motorcycles
A new vehicle that was purchased, leased or registered in New York State for personal use and which shows a serious problem or defect that is not corrected after four or more repair attempts, or is out of service due to repair for at least 30 days, within the first 18,000 miles or two years (whichever comes first), may be eligible for the Lemon Law Arbitration Program. If successful, the consumer will be entitled to either a full refund of the purchase price (less an allowance for mileage over 12,000 miles), or a comparable replacement vehicle. The consumer will also be awarded a return of the $250.00 arbitration filing fee for an arbitrator’s award in his or her favor.
Used Cars and Motorcycles
A vehicle purchased or leased from a New York State dealer (one who sold or offered to sell three or more cars within the previous twelve-month period) for personal use with more than 18,000 miles is also subject to Lemon Law coverage depending on the mileage at the time of purchase (as follows):
MILES AT PURCHASE DURATION OF WARRANTY
18,000-36,000 90 days or 4,000 miles
36,001-79,999 60 days or 3,000 miles
80,000-100,000 30 days or 1,000 miles
If a part covered by the law is the subject of a serious defect that remains uncorrected after three or more repair attempts or the vehicle is out of service for at least 15 days within the applicable statutory period, the consumer may be eligible for Lemon Law relief through the arbitration program. If successful, the consumer will be entitled to a refund of the purchase price as well as the return of the $120.00 arbitration filing fee.
- See more at:
http://cyrilhuzeblog.com/2009/06/29/....58XkyOrO.dpuf