Lemon Laws -WV

[CyncySpyder]

Lemon Laws -WV-BRP has an Opportunity to make a Customer for lyfe....or

(a) It is presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties, if the same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date, and the nonconformity continues to exist, or the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the term or during the one-year period, whichever is the earlier date.

(b) If the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it is presumed that a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranties if the nonconformity has been subject to repair at least once by the manufacturer within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, and the nonconformity continues to exist.

(c) The presumption that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties applies against a manufacturer only if the manufacturer has received prior written notification from or on behalf of the consumer and has had at least one opportunity to cure the defect alleged.

(d) The term of an express warranty, the one-year period and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

I pasted the above straight from the WV lemon law website. I've almost ran over a man in a cross-walk cause my Spyder refused to come to a complete stop. I was almost hit broad side cause I was making a turn & my Spyder refused to shift causing me to loose speed in the turn & almost took an F150 straight in the side. I was left stranded in Florida while on vacation with my Spyder when I stopped at a rest stop & locked my BRP Trailer (with all my camping gear inside) & the lock barrel came half way out, leaving the trailer locked with me having no access to my camping gear. So, I couldn't stay at the campground without my gear & had to eat the cost of my non-refundable reservations not to mention I had to pay for a way over-priced Inn, since I didn't have reservations with them. The transmission problems I've had since day 1, even on my initial test ryde.

1st time it was in the shop for the SE5 Recall for over 30 days.
This time, it's still in the shop, been over 30 days so far, been told it should be ready by tomorrow or the next day hopefully.

Don't get me wrong, I AM A:spyder:LOVER, I'm addicted. But I no longer have faith in this Spyder

I bought the RTS cause Teddy & I both love road trips. But as I explained to Carlo, how can I enjoy any trip knowing the history I have had with this particular unit so far.

If anyone out there has some advise, I welcome it.
I'm NOT a hater by any means. I always try to be optimistic, and knew going in that their may be issues with a 1st year production model. But come on, really. The ryding season is almost over now & the d*mn thing is STILL IN THE SHOP!!!

Like you, I just want to be out there ryde'n. Thanks for taking the time to listen to me vent & any advise or suggestions you may have to offer.

 

[Rider Steve]

I don't think lemon laws apply to motorcycle/trike. :dontknow: Trade it in on a new one and start over I guess....

 

[dave01]

Just by reading the WV laws and doing a little research, I think you qualify for the Lemon Law. Paragraph A ststes motor vehicle and more research showed this off WV's DMV site.

(i) Motor vehicle. -- Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails

Good luck and I cant blame you for any action you may take. Money out of pocket, loss of recreation for way too long while in the shop and stuff would make me do the same.

 

[CyncySpyder]

Yup, its covered

I don't think lemon laws apply to motorcycle/trike. :dontknow: Trade it in on a new one and start over I guess....

From their website, it should be covered as well. I have an attorney looking into it for me to make sure tho. Thanks for your input.

 

[CyncySpyder]

Thanks

Just by reading the WV laws and doing a little research, I think you qualify for the Lemon Law. Paragraph A ststes motor vehicle and more research showed this off WV's DMV site.

(i) Motor vehicle. -- Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails

Good luck and I cant blame you for any action you may take. Money out of pocket, loss of recreation for way too long while in the shop and stuff would make me do the same.

Yeah, I asked Carlo about BRP taking this one back & me getting a new 2011 model, but sadly, they aren't interested in that at all :gaah:
leaving me with little other recourse but legal action. At least the legal part is covered by the UAW for me

 

[buckey48]

lemon laws

I don't think lemon laws apply to motorcycle/trike. :dontknow: Trade it in on a new one and start over I guess....

It does in Ca.

California's Lemon Law presumes that a motorcycle is a lemon if the vehicle:

• Does not conform to the manufacturer's express warranty
• Has substantial defects affecting the use, safety or value of the vehicle
• Has manufacturer's defects that occurred during the first 18 months from the original owner's delivery date or the first 18,000 miles on the odometer (whichever period ends first) unless your vehicle is covered by a longer warranty; if you have a longer warranty, Lemon Law protects you for the entire warranty period
• Has been taken in four times for the same problem or if it has been out of service for 30 days due to a series of unrelated problems; or if the problem is likely to cause death or serious bodily injury, the vehicle has been taken in two times for repair
• The manufacturer has been notified of the need for repair, if your owner's manual states that notification is required

 

[Rider Steve]

I'm so glad I was wrong, Texas lemon laws include motorcycle too. Hope I never have to use them.

 

[CyncySpyder]

I'm so glad I was wrong, Texas lemon laws include motorcycle too. Hope I never have to use them.

:agree: I hope Carlo/BRP steps up to the plate & does the right thing.

I just spoke with Aaron, the owner at Middletown Cycle, who's try'n to fix the :spyder2: I asked him to work up the #'s for me so I know where I stand if I do have to take a loss & trade it in. He said now is just about the worst time (cept maybe dead of winter) to trade in a byke & he couldn't see giving me much for it compared to what I paid. I tried finding out the Blue Book value, but KBB.COM doesn't even list it. Guess I will find out tomorrow :gaah:

 

[Raptor]

:agree: I hope Carlo/BRP steps up to the plate & does the right thing.

I just spoke with Aaron, the owner at Middletown Cycle, who's try'n to fix the :spyder2: I asked him to work up the #'s for me so I know where I stand if I do have to take a loss & trade it in. He said now is just about the worst time (cept maybe dead of winter) to trade in a byke & he couldn't see giving me much for it compared to what I paid. I tried finding out the Blue Book value, but KBB.COM doesn't even list it. Guess I will find out tomorrow :gaah:

So much for the infamous Carlo. I have heard of this mystery man, and how he is supposed to work magic for people in your situation. But here, they are about to get lemon lawed (and you do have them btw) and he has no apparent interest. WHAT? I don't mean to criticize because I have heard good things too, but WHAT? I'm telling you, I have been blessed with not one but 2 excellent machines, and it angers me to hear about cases like yours. It's unnecessary and stupid. The bike is a dog; FIX IT OR REPLACE IT BRP. This is not rocket science here!

I had a similar experience with a 1987 Chevy Camaro. I had the Lemon Law paper work all done; I had been to a lawyer. I had them and they knew it. SO what did they do? They rolled up their sleeves and made it right. And guess what? I had that car for 18 years after that. And I bought more Chevy's as well. Because they manned up and made it right.

Don't get me wrong, I think there are way more positive experiences with the Spyder than negative, but this case is one that should be getting their attention for sure. I wish you all the best and hope that things can be worked out without too much pain. Keep us posted.

 

[CyncySpyder]

Don't get me wrong about Carlo

So far, Carlo seems like the real deal, I just wish he ran BRP. He mentioned that he had to talk to his boss b4 making me any offers of compensation, so he was just playing the middle man. And like any Company, BRP is in business to make $$ not loose it. I just wish I could get them to be in my position and feel what being on this side feels like. This is my 1st byke ever & to say I've been BURNED BY DESIRE would be an understatement. But DA:cus:, I still have faith that BRP will do the right thing & that I will (like you) be a CUSTOMER FOR LYFE

 

[NancysToy]

Only approximately half the states Lemon Laws apply to motorcycles (including WV). If you have a qualifying vehicle, you will probably need the assistance of an attorney to complete the claims process. That process usually starts with the dealer...not the manufacturer. All the states have their own lemon laws, and they differ considerably, both in time limits and exceptions, as well as terms under which a vehicle qualifies, and the procedures that must be followed. The number of days in the shop is one of the most often excepted situations. Days when parts are backordered, and similar situations, may not count. Be sure your vehicle fully qualifies before filing any claim.

Getting a vehicle replaced under the lemon laws is time consuming and painful. It does not happen overnight. If you elect to go this route, you will need both resolve and stamina. It will not be pleasant! I wish you the best in your quest for a solution.

 

[CyncySpyder]

Keeping the Faith

Getting a vehicle replaced under the lemon laws is time consuming and painful. It does not happen overnight. If you elect to go this route, you will need both resolve and stamina. It will not be pleasant! I wish you the best in your quest for a solution.

This is not what I want to do at all:banghead:. But since I'm having so many issues, and seeing that they started on my initial test ryde, and the bykes been in the shop longer than Ive had possession of it, BRP needs to make this right. My bykes still in the shop, hopefully be out Monday or Tuesday, but even then, I still have no faith in this unit at all. I'm hoping Carlo/BRP doesn't make me go thru Legal proceedings. I'm holding out faith that we can come to a mutually conducive agreement for all involved. ray:ray:ray:ray:ray: