Other than the invoice, the ONLY problem I've had with this byke is that it turns off on my sometimes (4 times now). The first two times, I thought maybe I inadvertently hit the kill switch. The last two times, I KNOW I didn't hit it... in fact, when the latest one happened, I had the cruise control on and my throttle hand was at my side.
Turns out... this unit has been at Hattiesburg Cycles for those exact reasons and the service depo was unable to resolve the issue (again, a reliable source). So here's my question: I understand I bought the byke "as-is"... but shouldn't they have disclosed the fact that there was an issue with this unit. I even asked Justin (the Salesliar) if the byke had any known issue outside of the typical services, of course, he replied "no".
Lemon laws usually apply to the purchase of a new vehicle and the first owner. However (and laws vary by state) in Ohio, if a vehicle is a "buyback" to resolve a consumer complaint about a new vehicle, there are protections in place for subsequent purchasers.
"If a new motor vehicle was returned under the provisions of any state’s lemon law because of a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, the motor vehicle may not be sold, leased, or operated in Ohio. " Suddenly cutting off would seem to fit that description to me.
If that is not the case, the vehicle can be resold but there must be conditions in place:
The manufacturer provides to the consumer, either directly or through its agent or its authorized dealer, and prior to obtaining the signature of the consumer on any document, a written statement on a separate piece of paper, in ten-point type, all capital letters, in substantially the following form listing each defect or condition on a separate line:
WARNING: THIS VEHICLE PREVIOUSLY WAS SOLD AS NEW. IT WAS RETURNED TO THE
MANUFACTURER OR ITS AGENT IN EXCHANGE FOR A REPLACEMENT VEHICLE OR REFUND
AS A RESULT OF THE FOLLOWING DEFECT(S) OR CONDITION(S):
1. ......................................................................
2. ......................................................................
3. ......................................................................
4. ......................................................................
5. ......................................................................
.................... .........................................
DATE BUYER’S SIGNATURE
You need to know (probably from the previous owner) under what conditions the vehicle was repurchased by the dealer.
You need to make sure you understand what your particular state's laws are in this case. Model language was used by most states to write their lemon laws. Obviously, there will be differences from state to state, but often those are minimal.
I did look up a summary of Missouri's law from the BBB:
http://www.bbb.org/us/Storage/16/Documents/BBBAutoLine/MO-LLsummary.pdf
This is what the summary of Ohio's law looks like:
http://www.bbb.org/us/Storage/16/Documents/BBBAutoLine/OH-LLaddinfo.pdf
Interestingly, the Missouri law summary does not talk about disclosure requirements for subsequent buyers (at least in the BBB summary) which I find odd. Subsequent purchasers should be protected since these vehicle are repurchased because they cannot be fixed within a reasonable time period or fixed at all. Does it make sense they can resell these vehicles without some disclosure requirements?
This Missouri attorney website talks about the lemon law in that state:
http://www.kahnandassociates.com/missouri_lemon_law_faqs.php#what_products
There is a section in their summary called: WHAT IF I BOUGHT MY VEHICLE USED?
Usually, you can consult an attorney about your case BEFORE you are under an obligation to use them. Also, your State Attorney General's office may have a CONSUMER PROTECTION DIVISION that can give advice.
I am not an attorney and I am not recommending any specific attorney to you. I did a Google search to find this information. I did previously work with a state agency in Ohio that dealt with LEMON LAW issues, so I do have some knowledge of the process in Ohio.
MAJOR CAUTION: If you start talking suing or consulting an attorney with the dealer and/or manufacturer they will probably STOP all efforts to assist you in the meantime. DO NOT USE THIS AS AN IDLE THREAT. I have seen people throw this line out and EVERYTHING stops: no future discussions; they ban you from the business even if your visit is not related to your problem: you cannot get routine service performed on this or anything else you own; etc.
Besides LEMON LAWS, there are other laws (state and federal) which might protect you. For example, some states do not permit someone to void IMPLIED WARRANTIES. For example, if you buy an apple peeler and it won't peel apples, then you have a legitimate complaint.
In your instance, if the radio doesn't work, I do not believe you have a claim. However, you bought a motor vehicle. It is reasonable for you to expect (even if the dealer didn't tell you so) that you can start and operate the vehicle without it shutting down unexpectedly.
Google your own state laws and hopefully there is help for you out there.
Eventually, you will probably need to disclose source of your information about this being a previous problem. So if that means another salesman told you the REAL history or some sympathetic mechanic took you aside and told you the TRUE story, if this gets litigated, that will probably come out.
When I bought my 2012 Can-Am Spyder RT-S SM5, I asked the salesman if there was a toolkit. He told me no and suggested I get a minimal collection of tools to go along with my Spyder. On my first service visit (break-in service), I casually mentioned to the mechanic about the lack of a toolkit. He laughed and showed me the tool kit that was velcroed to the bottom of the seat. He also told me his opinion of the salesman that sold me my unit (IDIOT, HE DOESN'T KNOW WHAT HE IS TALKING ABOUT, ETC.) No one is going to get into trouble here, but in your instance, if inside information, someone could.
GOOD LUCK!
hyea:
