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  #2091  
Old 10-22-2017, 09:19 PM
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Originally Posted by Steve Cole
Dealership has the bike and HD was supposed to call back by Thursday............. didn't happen! So I will call Monday and if they cannot get me to someone I will call the lawyer next.
I have never Lemon Lawed a vehicle much less a Harley motorcycle. Can someone who has actually been successful in this give us some idea of what actually happens and the normal time frame?
 
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  #2092  
Old 10-22-2017, 09:53 PM
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Originally Posted by Steve Cole
Dealership has the bike and HD was supposed to call back by Thursday............. didn't happen! So I will call Monday and if they cannot get me to someone I will call the lawyer next.

I would call your relationship with HD a special case tho.. I'm sure there are a few at HD that know you and really don't want to provide any concessions tho they should.. PR wise, it's wise..
 
  #2093  
Old 10-23-2017, 12:18 AM
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Originally Posted by Retrop
I have never Lemon Lawed a vehicle much less a Harley motorcycle. Can someone who has actually been successful in this give us some idea of what actually happens and the normal time frame?
most of the "successful" lemon law suits I have heard of,

involve you hiring a lawyer, the Lawyer gets a hold of Corporate.

You go find a vehicle you like, get a buyers order, and the Lawyer gets Corporate to cut you a check for the negative equity.

i think the guy I knew, had GM cut him a check for $5k to trade his 2500HD in.

so you get rid of the car, and get whatever you want, and they just move the car onto the next customer.
 
  #2094  
Old 10-23-2017, 10:16 AM
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Originally Posted by 04ctd
most of the "successful" lemon law suits I have heard of,

involve you hiring a lawyer, the Lawyer gets a hold of Corporate.

You go find a vehicle you like, get a buyers order, and the Lawyer gets Corporate to cut you a check for the negative equity.

i think the guy I knew, had GM cut him a check for $5k to trade his 2500HD in.

so you get rid of the car, and get whatever you want, and they just move the car onto the next customer.
Laws are different in every state, some don't cover motorcycles. In Ohio here is how it works once you have followed the procedure listed to allow the manufacturer the opportunity to fix the issue. Below is from Ohio Attorney General Lemon Law webpage....this covers cars as well as motorcycles, this is mentioned in an area not shown below......

How can I request a refund or replacement of my lemon?
To request a replacement or refund, send a certified letter to the manufacturer. You can find the address in your owner’s manual, or you can ask your auto dealer.

In your letter, list the problems you have had with the car, what attempts have been made to correct them and your Vehicle Identification Number (VIN), which can be found on your purchase contract. Finally, indicate whether you want a replacement of the vehicle or a refund of the full purchase price. Keep a copy of the letter for your records.

WILL THE MANUFACTURER REFUND THE FULL PURCHASE PRICE OF THE VEHICLE?
Once it is clear that your vehicle has not been fixed, the manufacturer may, at your option, give you a new vehicle or refund the “full purchase price.” That price includes all of the following:

• The purchase price for the car plus the costs for transportation, dealer preparation, delivery, dealer-installed accessories and other services.
• The costs for financing and credit insurance, as well as any warranty and service contract charges.
• Taxes and any other government charges, including state sales tax, license fees and registration fees.

Sometimes a manufacturer will agree with your claim and work to replace your lemon as quickly as possible. In most cases, the manufacturer will request an additional opportunity to repair the vehicle.

The manufacturer may try to negotiate a mutually satisfactory resolution with you. The dealer or manufacturer should tell you whether an arbitration program is available to resolve disputes informally. If you apply for arbitration, you should expect to wait several weeks for your hearing to be scheduled. Keep in mind that arbitration is generally much faster and less formal than a court proceeding, which could take several months or years.

WHAT IS ARBITRATION?
Arbitration allows a neutral third party to make a decision about your case based on the merits of the claim. Most manufacturers participate in some kind of arbitration program.

The Ohio Attorney General’s Office approves arbitration programs that are designed to ensure a fair and timely resolution to the dispute. Some manufacturers’ arbitration programs have been approved by the Attorney General, but others have not. To learn which manufacturers have approved arbitration programs, contact the Attorney General’s Consumer Protection Section.

If a program has been approved by the Attorney General, you must go through arbitration before you have the right to file a lawsuit. In approved arbitration programs, you have the right to request an oral hearing of your case. These hearings are frequently conducted by a telephone conference call for the convenience of all parties.

You can find information from your dealer or in the warranty materials explaining how to apply for arbitration. Whether the arbitration program has been approved or not, decisions reached through arbitration are not binding on consumers, unless the consumers agree to accept the decision.

SHOULD I TAKE MY CASE TO COURT?
If the manufacturer does not have an arbitration program approved by the Attorney General, or if you are unhappy with the outcome of the arbitration, you may want to take your case to court. You can file a civil suit to recover the total cost of the vehicle and any attorney’s fees you have incurred as long as the suit is filed within five years of the delivery of the vehicle.

WHAT ARE THE RESPONSIBILITIES OF THE MANUFACTURER AND THE DEALER?
Manufacturers must provide the following written statement to all new car buyers to explain their legal rights under Ohio’s Lemon Law:

IMPORTANT: If this vehicle is defective, you may be entitled under state law to a replacement or to compensation.

Dealers must give you a fully itemized written work order each time you take your vehicle in for repairs or services, even if the work is paid for under the manufacturer’s warranty. Work orders must list all of your concerns, the work performed or attempted, what parts were used and the cost for parts and labor.

That should give you a better idea of what goes on. One would hope you DO NOT need an attorney. If the manufacturer does what is right, you won't need one.....


Good Luck to ALL on this, wish we had a good lawyer on board that would take our case and do a CLASS ACTION SUIT, if that would help or was even possible.....

Eagle Out
 

Last edited by 103Eagle; 10-23-2017 at 10:18 AM.
  #2095  
Old 10-23-2017, 10:21 AM
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I was successful utilizing the Lemon Law in MA on a 1990 F-350 that dealer and Ford were never able to resolve (3) transmission failures in 1500 miles. Worked with dealer and Ford and ordered and received brand new vehicle without legal representation.
 
  #2096  
Old 10-24-2017, 06:55 AM
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Originally Posted by 103Eagle
Laws are different in every state, some don't cover motorcycles. In Ohio here is how it works once you have followed the procedure listed to allow the manufacturer the opportunity to fix the issue. Below is from Ohio Attorney General Lemon Law webpage....this covers cars as well as motorcycles, this is mentioned in an area not shown below......

How can I request a refund or replacement of my lemon?
To request a replacement or refund, send a certified letter to the manufacturer. You can find the address in your owner’s manual, or you can ask your auto dealer.

In your letter, list the problems you have had with the car, what attempts have been made to correct them and your Vehicle Identification Number (VIN), which can be found on your purchase contract. Finally, indicate whether you want a replacement of the vehicle or a refund of the full purchase price. Keep a copy of the letter for your records.

WILL THE MANUFACTURER REFUND THE FULL PURCHASE PRICE OF THE VEHICLE?
Once it is clear that your vehicle has not been fixed, the manufacturer may, at your option, give you a new vehicle or refund the “full purchase price.” That price includes all of the following:

• The purchase price for the car plus the costs for transportation, dealer preparation, delivery, dealer-installed accessories and other services.
• The costs for financing and credit insurance, as well as any warranty and service contract charges.
• Taxes and any other government charges, including state sales tax, license fees and registration fees.

Sometimes a manufacturer will agree with your claim and work to replace your lemon as quickly as possible. In most cases, the manufacturer will request an additional opportunity to repair the vehicle.

The manufacturer may try to negotiate a mutually satisfactory resolution with you. The dealer or manufacturer should tell you whether an arbitration program is available to resolve disputes informally. If you apply for arbitration, you should expect to wait several weeks for your hearing to be scheduled. Keep in mind that arbitration is generally much faster and less formal than a court proceeding, which could take several months or years.

WHAT IS ARBITRATION?
Arbitration allows a neutral third party to make a decision about your case based on the merits of the claim. Most manufacturers participate in some kind of arbitration program.

The Ohio Attorney General’s Office approves arbitration programs that are designed to ensure a fair and timely resolution to the dispute. Some manufacturers’ arbitration programs have been approved by the Attorney General, but others have not. To learn which manufacturers have approved arbitration programs, contact the Attorney General’s Consumer Protection Section.

If a program has been approved by the Attorney General, you must go through arbitration before you have the right to file a lawsuit. In approved arbitration programs, you have the right to request an oral hearing of your case. These hearings are frequently conducted by a telephone conference call for the convenience of all parties.

You can find information from your dealer or in the warranty materials explaining how to apply for arbitration. Whether the arbitration program has been approved or not, decisions reached through arbitration are not binding on consumers, unless the consumers agree to accept the decision.

SHOULD I TAKE MY CASE TO COURT?
If the manufacturer does not have an arbitration program approved by the Attorney General, or if you are unhappy with the outcome of the arbitration, you may want to take your case to court. You can file a civil suit to recover the total cost of the vehicle and any attorney’s fees you have incurred as long as the suit is filed within five years of the delivery of the vehicle.

WHAT ARE THE RESPONSIBILITIES OF THE MANUFACTURER AND THE DEALER?
Manufacturers must provide the following written statement to all new car buyers to explain their legal rights under Ohio’s Lemon Law:

IMPORTANT: If this vehicle is defective, you may be entitled under state law to a replacement or to compensation.

Dealers must give you a fully itemized written work order each time you take your vehicle in for repairs or services, even if the work is paid for under the manufacturer’s warranty. Work orders must list all of your concerns, the work performed or attempted, what parts were used and the cost for parts and labor.

That should give you a better idea of what goes on. One would hope you DO NOT need an attorney. If the manufacturer does what is right, you won't need one.....


Good Luck to ALL on this, wish we had a good lawyer on board that would take our case and do a CLASS ACTION SUIT, if that would help or was even possible.....

Eagle Out
I have noticed the dropping fluid level on several occasions as well. Dealer added fluid once and then made official record of level when they finished the oil pump replacement for sumping issue. I am taking the bike in for the 1000 mile fluid check this week per the bulletin (it is down again when I checked it). I was curious about whether the lemon law might apply. Connecticut law covers motorcycles. Reasonable attempts is defined as 4 times within 24 months/24,000 miles or 2 attempts within 1 year if life threatening. I have not noticed sumping issue again although the new pump is very noisy especially on colder mornings with a high pitched squeal which is apparently "normal".

14,300 otherwise fun miles. I would love to keep this bike but might look at the 2019 models if they upgrade the engine to the 114.

Any thoughts would be appreciated. Cheers!
 
  #2097  
Old 10-26-2017, 08:08 PM
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Checked my M8 tonight. Engine hot, level ground on jiffy stand with the o ring seated but not tight and nothing is registering on the dipstick.
 
  #2098  
Old 10-26-2017, 08:15 PM
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Originally Posted by sn95bullitt
Checked my M8 tonight. Engine hot, level ground on jiffy stand with the o ring seated but not tight and nothing is registering on the dipstick.
And we have a new player in the game!!! Welcome!!
 
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  #2099  
Old 10-26-2017, 08:44 PM
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Originally Posted by MotoJockey
And we have a new player in the game!!! Welcome!!
Called my dealership and spoke with the service manager and was told "it's not a problem Harley-Davidson recognizes" is the answer I received.
 
  #2100  
Old 10-26-2017, 08:55 PM
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Here’s some additional info that might be helpful. I have a 2017CVO Limited. I’m on my 3rd warrantied engine. 1st 2 engines were stage 4 upgrades. 1st engine went 4500 miles when it failed. At that time I had tranny fluid checked. It didn’t lose a single ounce and no fluid had been added. Primary was checked and was at the proper level.

2nd engine installed. After 200 miles, it was upgraded again to stage 4. After 500 miles on the 2nd engine, it failed due to sumping... again. I was at 5000 miles when the 3rd engine was installed. At this time I had the 5000 miles service which includes changing the primary and trans fluids. Using syn3. Fluids were still at the proper levels.

3rd engine installed. Still in stock form today. (Planning to upgrade when HD launches a stage 4 kit for the 2018 CVOs.) I have 2000 miles on the 3rd engine (total of 7000 miles on the bike). Just had the fluids checked again. Trans fluid has not lost a single ounce. Primary was also checked and at the correct level.

This same dealer also has another 2017 107M8 that IS transferring fluid from trans to primary. In fact almost all the fluid transferred from transmission to primary. Trans dip stick showed no fluid. The bike never transferred fluid until the bike was upgraded to stage 3 (114 cylinders/pistons).

Dealer has spent a fair amount of time with HD and they still have no resolution to the fluid transfer on some 2017 touring bikes.
 


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