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Lemon Law
- Thread starter elpaso
- Start date
acinpcola
New member
you need to check the lemon law in your state, I believe that if you take a auto in for the same problem and the dealership has done everything possible to fix the problem, then you can file a lemon law and go in to arbitration procedures with the dealership.
Be Safe
AC:spyder2:
Be Safe
AC:spyder2:
http://www.txdmv.gov/protection/lemon_law.htm according to TX information the laws may work for you.
Good luck, and lighting a fire under them may be a big help.
Good luck, and lighting a fire under them may be a big help.
ARtraveler
R.I.P. Dwayne
In looking back at your previous posts--you have a long list of complaints. Some of this sounds like it could be bad dealer set up issues.
Perhaps members from your area will give you some good ideas as to where the best place for service is.
Barring set up issues--keep us posted.
Perhaps members from your area will give you some good ideas as to where the best place for service is.
Barring set up issues--keep us posted.
Thanks, I bought in Santa Teresa New Mexico which is adjacent to El Paso, so it would be the lemon law in New Mexico. There is a dealerhip in Las Cruces, 40 miles away, but owned by sameone I bought from. Next one is 4 hours away.
If your going to have a Lawyer contact BRP, Make sure your Spyder is out of the shop and in your hand'snojoke
Bob Denman
New member
:agree: :thumbup:
There have been a few, You'll have to do a search, Or maybe some one with more info will chime in??
Also look at my previous post.
MouthPiece
Banged Up Member
Before you go running off hiring a lawyer and probably screwing things up more, did you read my reply to your "OTHER POST" regarding the limp mode issue? If not, then I will copy and paste as follows:
2010 RT-S
15,000 trouble free miles
ISSUE Started going into limp mode several times.
FIX After replacing DPS, sensors,etc., still went into limp mode.
Then wiring harness which extends length of spyder replaced.
RESULT 4,000 trouble free miles
Since my above post to you, my trouble free miles are now 5,000.
You might suggest this fix to your dealer. Your symptoms were exactly as mine.
Chris
15,000 trouble free miles
ISSUE Started going into limp mode several times.
FIX After replacing DPS, sensors,etc., still went into limp mode.
Then wiring harness which extends length of spyder replaced.
RESULT 4,000 trouble free miles
Since my above post to you, my trouble free miles are now 5,000.
You might suggest this fix to your dealer. Your symptoms were exactly as mine.
Chris
You have just got to love Texas ! :ani29:
AMTJIM
New member
I know of that Mesa/Country Club location, suprised Mr. Motorcycle still hasn't made an attempt to sell these. They are very familiar with performance. Any growing population of Spyders in E.P. yet? Anyways, I had to Lemon Law my first Spyder(here in AZ) so try go through that state link someone posted before looking into federal. Maybe give it one more chance to get it fixed with that information MouthPiece/Chris posted that corrected his. I never found out what plagued my first, but this second one I own is ridiculously better. Not sure how familiar your location is with T/S spyders, but these are no longer the new kid on the block and the experience and data is out there. There is only so much wiring and computers, it's all modular and preterminated. It can be corrected, the dealer just needs to research, work and fix it, not just collect warranty fees from BRP. I can understand your feelings and the ying/yang of it, but these have been around to long now, excuses have expired for these dealerships.
Yes I did read your post and I did read your suggestion and advised my dealer of same and he contacted BRP to see if they would do the replacement. BRP advised the dealer that they were not willing to do that without any proof that that was the issue.
MouthPiece
Banged Up Member
The "proof" was my dealer working in collaboration with the BRP tech, and working through the "BUD" codes through a process of elimination. (if that makes sense).
Chris
Dealer replaced oil switch and wires that lead away from oil switch. Dealer tested, got a an error code on DPS. Next is to check steering sensor and replace if necessary. If that does not work, then dealer going to ask BRP to replace Brain , EMC and then the wire harness if that .does not work. oh, I got some codes that keep showing up, Brp says that they are ghost codes and not toworry about them, one being Limp mode.
NancysToy
Motorbike Professor
I went through some of this "Ghost Code" rhetoric. That is about as irresponsible as anything a technician could ever say. Warnings are there for a reason, and should never be ignored...especially under orders from the manufacturer! I'll bet BRP would not be as sympathetic if your engine blew due to low oil pressure, when you ignored the warning as they suggested. What a bunch of BS!
Warnings and fault codes that appear, whether for valid reasons or spontaneously, should be corrected. We are expected to respond to those warnings...and dealers should be prepared to fix them...whether for just cause or not. Codes that trigger limp mode can be dangerous. Having your speed suddenly drop drastically while on the highway in traffic, can kill you! I hope your dealer continues to chase this problem for you, and gets it corrected ASAP. Don't take anything but perfection for an answer. If they have to hire an exorcist to chase out the "ghosts", so be it. It should be their problem, not yours.
Invoking the Lemon Law is a fairly formal process. I can't speak to the Texas or new Mexico lemon laws but I have experience as a service manager in MA and the workings of the lemon laws here, although it was fairly long ago.
As a service manager I would be frustrated ( because I couldn't fix it), and flabbergasted( that you took it all so well) and that you had not already taken the necessary steps to return your vehicle and walk away. In MA the dealer gets 3 tries to fix a "substantial impairment", something that leaves you stuck or endangers you- I am guessing here but I think your problem qualifies.
It is up to the customer to begin the formal proceedings and notify the dealer that a lemon law case is being started. The dealership alone will just keep on trying to fix your vehicle 5-10-15 times even though the law says 3 tries and you're out.
I had a customer with two breakdowns that left them stuck and they started the lemon law proceedings and informed us of it. We contacted the manufacturer and they sent their top area rep and technical wiz to the dealership to go over the vehicle. They wanted to see if we had screwed it up, they wanted to see if everything was done in accordance with their prescribed diagnostic systems, and in the end they took the customer aside and offered him a trade for a new vehicle that was attractive enough so he took it and drove away in a new car. That left the manufacturer with a used car, but not a lemon, as the 3 strikes had not happened. They wholesaled it and I never saw it again so I can't say as to whether some other poor sucker got stuck with a lot of trouble- probably so.
If you have 15 repair orders - legal documents- that detail a substantial impairment then surely you have enough ammunition to go forward with a case.
What usually happens is that the repair orders don't clearly state what was wrong or what was repaired. Often on a come back they don't write one so there is no way to make a claim, and so it goes...when the claimant tries to make a case the paper trail isn't good enough and the problem doesn't get resolved to anyone's satisfaction. the customer is unhappy, the dealer has a black eye, the manufacturer gets badmouthed at cocktail parties- and on the internet.
I don't want to offend any one but it's kind of put up or shut up on this problem. The lemon law was put in place to protect the consumer, but the consumer must act to make the law effective.
As a service manager I would be frustrated ( because I couldn't fix it), and flabbergasted( that you took it all so well) and that you had not already taken the necessary steps to return your vehicle and walk away. In MA the dealer gets 3 tries to fix a "substantial impairment", something that leaves you stuck or endangers you- I am guessing here but I think your problem qualifies.
It is up to the customer to begin the formal proceedings and notify the dealer that a lemon law case is being started. The dealership alone will just keep on trying to fix your vehicle 5-10-15 times even though the law says 3 tries and you're out.
I had a customer with two breakdowns that left them stuck and they started the lemon law proceedings and informed us of it. We contacted the manufacturer and they sent their top area rep and technical wiz to the dealership to go over the vehicle. They wanted to see if we had screwed it up, they wanted to see if everything was done in accordance with their prescribed diagnostic systems, and in the end they took the customer aside and offered him a trade for a new vehicle that was attractive enough so he took it and drove away in a new car. That left the manufacturer with a used car, but not a lemon, as the 3 strikes had not happened. They wholesaled it and I never saw it again so I can't say as to whether some other poor sucker got stuck with a lot of trouble- probably so.
If you have 15 repair orders - legal documents- that detail a substantial impairment then surely you have enough ammunition to go forward with a case.
What usually happens is that the repair orders don't clearly state what was wrong or what was repaired. Often on a come back they don't write one so there is no way to make a claim, and so it goes...when the claimant tries to make a case the paper trail isn't good enough and the problem doesn't get resolved to anyone's satisfaction. the customer is unhappy, the dealer has a black eye, the manufacturer gets badmouthed at cocktail parties- and on the internet.
I don't want to offend any one but it's kind of put up or shut up on this problem. The lemon law was put in place to protect the consumer, but the consumer must act to make the law effective.
Lamonster
SpyderLovers Founder
As you know a low battery can throw all sorts of "ghost codes" that have nothing to do with an actual problem other than a low battery. Those codes would show up on buds as occurred faults but would have nothing to do with a real problem so there is a reason a tech or BRP could say that and be valid.
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