I'm not a lawyer, but I did have one on retainer about this time last year, for very similar reasons that you have been dealing with yourself. Had our 2010 RT-S for all of 9 days before I almost ran a man over in a cross walk, cause the bykes SE5 decided it wanted to keep going instead of coming to a stop. Went into the shop for 45 days. Got it back, had it for roughly 2 weeks, then back into the shop for another 30 some days, all this in the first three months of ownership, are you serious??? Belive me, I know your frustration & also, the lack of faith you have in that particular unit, they could give you gold tupperware for it but you still wouldn't have faith in it, once thats busted, not sure you can ever get that peace of mind back.
I read over your states Lemon Law & you have every right to proceed forward to Arbitration. But sadly, from my uneducated understanding of your states Lemon Law, your case would probably be dismissed in Arbitration, but thats just my opinion (& experience) in dealing with BRP in cases such as yours.
BRP had just brought Carlo on the scene when my problems stated last year & he did everythin g he could at the time to satisfy me, but like you, I had lost all faith in my unit & wanted them to take it back. Unlike you tho, I didn't have the law on my side, cause I bought our first Spyder in WV & their Lemon Laws DO NOT INCLUDE MOTORCYCLES, which I read that in WA, as long as its above a 750CC, which your Spyder is, then its covered.
The number for Carlo was given to you in a previous post and I HIGHLY recommend that you get in touch with him concerning your issues. He's a good man and after working with him on my own Spyder issues & meeting him in person last year at Lamonts Bar-B-Q, I can't think of a better person to be our go to guy when it comes to dealing with BRP, he's truly empathetic to owners problems & have helped many of us out of a bad situation. I seriously doubt if BRP would allow him to make the call of buying your particular unit back, based on reading your issues & downtime, but again, Im not a lawyer & its not my call to make, but he will do whats in his power to help you. Being a new owner can be frustrating enough on its own without having all of the other issues that you've been having. Just know, your not alone out there. The SpyderLovers Community is really more like an extended family & most of us try to help out in any way we can.
If you'd d like to talk about this more, send me a PM with your number & the best time to call & I'll give you a ring. No magic answers here, just someone thats walked a mile in your shoes & IS STILL VERY ADICTED TO HIS SPYDER. (ok, so its Teddys Spyder, but I get to cheuffer & pay for it:yes