Really sucks to hear this, but your bike is the exception to what is/has been an extremely reliable 1st year motorcycle. It's fairly easy to come on a board and air grievances unequivocally, but often owners who are very outspoken on forums don't know their rights, don't exhaust all available resources and/or are fairly passive (or overly aggressive) when dealing face-to-face (or on the phone) with their dealer. Not saying this is you, Pik, but your problems do make the case for a lemon law buyback. Since you haven't mentioned it I thought I would:
Texas Lemon Law covers new motorcycles that are purchased in Texas. The Lemon Law covers motorcycles for two years from the original delivery date of the motorcycle or 24,000 miles, whichever comes first. However, in order to be considered a "lemon," the motorcycle must meet the following requirements:
- Does not conform to the manufacturer's express warranty
- Has substantial defects affecting the use, safety, or value of the motorcycle
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 days, providing that two repair attempts were made within the first year after delivery or 12,000 miles
- If the problem is a serious safety hazard, it has been taken in two times for the same problem, providing that one repair attempt was made within the first year after delivery or 12,000 miles
The manufacturer has been notified in writing of the defect before the warranty expires and gives the manufacturer a final opportunity to repair the problem
Under Texas Lemon Law, you must notify the manufacturer in writing of the problem and give them one final opportunity to repair the motorcycle. Sample demand letter. You must also participate in the Department of Transportation's informal dispute resolution process before you are eligible to file a Lemon Law claim in court. You need to file a Lemon Law complaint within six months of the expiration of your motorcycle's warranty, two years of the delivery date of the vehicle, or 24,000 miles on the odometer, whichever comes first. Click here to download a copy of the complaint form.
Once you send in your complaint and a $35 filing fee, it will be reviewed by a Case Advisor. If your complaint is accepted, the Case Advisor will try to resolve your complaint within 30 to 60 days, through an informal mediation process. If that doesn't work, a hearing will be scheduled with the State Office of Administrative Hearings.
Texas Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement motorcycle of the same year, make, and model. You may also qualify for a monetary award, which can include:
The full purc
- hase price
- Sales tax
- License fees
- Registration fees
- Alternate transportation
- Towing
- Telephone calls and postage
- Meals and lodging
- Loss or damage to personal property
- After-purchase accessories
- Attorney's fees
It all sounds like a pain in the ..., but when a dealer hears 'lemon law buyback' they typically will provide customers with far better customer service and work harder to fix a problem. Don't know if your bike is fixed now, but if it is I'm assuming your bike is running and every time you ride you have a huge grin. If it's not fixed not, then you have one more arrow in your quiver to justify a buyback (which dealers would prefer over going through a lemon law proceeding).
