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Dealer Repair ruined my bike - liability question
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fox...@yahoo.com
Jun 27, 2012, 2:26:55 PM6/27/12
to
I bought a brand new motorcycle from the local Harley Davidson dealer
last month. Bike worked fine for the first month. After a month the
bike developed a significant wobble in the rear that made the bike
undrivable. In fact on the highway at 70mph I almost got thrown off
the bike it was that bad. I took it into the same dealership I bought
it at to their service dept.
The manager called me back a few days later. He tells me that the
bikes don't come assembled, but rather in pieces from the Harley
factory and they put them together at the dealership. When the
mechanic put my bike together he failed to properly tighten the rear
wheel bolt. The result is that it came very loose and subsequently,
the entire wheel, brake, and components attached to the rear wheel
became warped/bent out of shape.
The dealership said because it was their fault for not assembling the
bike correctly, they would eat the cost to repair it (both parts and
labor). I was fine with that.
Now here is the problem. Harley keeps a very tight inventory to keep
supply/demand equal so prices don't fall. Because it's a new bike
there are no used parts available. However, there are no new parts
available either. The main manager called me and stated that there are
simply no parts available anywhere and the parts I need are "on back
order indefinately". I told him they should give me a new bike or
refund me on this purchase minus depreciation of the miles I put on.
He laughed and said no way.
If the bike is damanged due to their negligence and can't be repaired
because parts are not available, aren't they somehow liable? What is
my recourse at this point?
I paid $10,000 down cash and financed the other $10,000.
last month. Bike worked fine for the first month. After a month the
bike developed a significant wobble in the rear that made the bike
undrivable. In fact on the highway at 70mph I almost got thrown off
the bike it was that bad. I took it into the same dealership I bought
it at to their service dept.
The manager called me back a few days later. He tells me that the
bikes don't come assembled, but rather in pieces from the Harley
factory and they put them together at the dealership. When the
mechanic put my bike together he failed to properly tighten the rear
wheel bolt. The result is that it came very loose and subsequently,
the entire wheel, brake, and components attached to the rear wheel
became warped/bent out of shape.
The dealership said because it was their fault for not assembling the
bike correctly, they would eat the cost to repair it (both parts and
labor). I was fine with that.
Now here is the problem. Harley keeps a very tight inventory to keep
supply/demand equal so prices don't fall. Because it's a new bike
there are no used parts available. However, there are no new parts
available either. The main manager called me and stated that there are
simply no parts available anywhere and the parts I need are "on back
order indefinately". I told him they should give me a new bike or
refund me on this purchase minus depreciation of the miles I put on.
He laughed and said no way.
If the bike is damanged due to their negligence and can't be repaired
because parts are not available, aren't they somehow liable? What is
my recourse at this point?
I paid $10,000 down cash and financed the other $10,000.
Dave M.
Jun 28, 2012, 5:29:57 PM6/28/12
to
As I understand you, you purchased a new motorcycle. What does the
warranty say? After a month of use it began to develop a wobble in
the rear. Did you take it back to the shop in a timely fashion?
The shop stated that due to incorrect assembly many parts had been
damaged and needed to be replaced. These parts are not currently
available. You ask for advice.
What does your warranty say? Can you take your bike to another shop
for warranty service? Does the warranty give you the address of the
"next-level" up when disputes need to be addressed. Have you gone to
the Harley site and checked to see if the parts are available?
It honestly sounds like a bad dealer with bad customer service.
I'd go over their heads to get the parts and I'd take it to
another dealer to get the work done. Here's some contact info:
http://www.harley-davidson.com/en_US/Content/Pages/Utility/contact-us.html
Good luck,
Dave M.
warranty say? After a month of use it began to develop a wobble in
the rear. Did you take it back to the shop in a timely fashion?
The shop stated that due to incorrect assembly many parts had been
damaged and needed to be replaced. These parts are not currently
available. You ask for advice.
What does your warranty say? Can you take your bike to another shop
for warranty service? Does the warranty give you the address of the
"next-level" up when disputes need to be addressed. Have you gone to
the Harley site and checked to see if the parts are available?
It honestly sounds like a bad dealer with bad customer service.
I'd go over their heads to get the parts and I'd take it to
another dealer to get the work done. Here's some contact info:
http://www.harley-davidson.com/en_US/Content/Pages/Utility/contact-us.html
Good luck,
Dave M.
Stuart A. Bronstein
Jun 28, 2012, 5:31:43 PM6/28/12
to
> dealer last month. After a month the bike developed a significant
> wobble in the rear that made the bike undrivable. I took it into
the parts you need hand made. Then tell the dealership that they
can either have it fixed within a reasonable time (another week or
two should be reasonable). If not, they should give you a new bike
or your money back, or you will have it fixed and they will be
required to pay the cost of the hand-made part.
___
Stu
http://DownToEarthLawyer.com
> wobble in the rear that made the bike undrivable. I took it into
> the same dealership I bought it at to their service dept.
>
> The manager called me back a few days later. He tells me that
> the bikes don't come assembled, but rather in pieces from the
> Harley factory and they put them together at the dealership.
> When the mechanic put my bike together he failed to properly
> tighten the rear wheel bolt. The result is that it came very
> loose and subsequently, the entire wheel, brake, and components
> attached to the rear wheel became warped/bent out of shape.
>
> The dealership said because it was their fault for not
> assembling the bike correctly, they would eat the cost to repair
> it (both parts and labor). I was fine with that.
>
>
> The manager called me back a few days later. He tells me that
> the bikes don't come assembled, but rather in pieces from the
> Harley factory and they put them together at the dealership.
> When the mechanic put my bike together he failed to properly
> tighten the rear wheel bolt. The result is that it came very
> loose and subsequently, the entire wheel, brake, and components
> attached to the rear wheel became warped/bent out of shape.
>
> The dealership said because it was their fault for not
> assembling the bike correctly, they would eat the cost to repair
> it (both parts and labor). I was fine with that.
>
> Because it's a new bike there are no used parts available.
> However, there are no new parts available either. The main
> manager called me and stated that the parts I need are "on back
> However, there are no new parts available either. The main
> order indefinately". I told him they should give me a new bike or
> refund me on this purchase minus depreciation of the miles I put
> on. He laughed and said no way.
What I would do is to get an estimate of what it would cost to have
> refund me on this purchase minus depreciation of the miles I put
> on. He laughed and said no way.
the parts you need hand made. Then tell the dealership that they
can either have it fixed within a reasonable time (another week or
two should be reasonable). If not, they should give you a new bike
or your money back, or you will have it fixed and they will be
required to pay the cost of the hand-made part.
___
Stu
http://DownToEarthLawyer.com
Mike Jacobs
Jun 28, 2012, 5:36:18 PM6/28/12
to
UTC-5, (unknown) wrote:
<Harley dealer screwed up pre-purchase assembly of wheels on new cycle,
resulting in damage to the product itself in a way that risked serious injnury
to new owner -- wheel could have fallen off. Dealer offers to repair, free>
> Now here is the problem. Harley keeps a very tight inventory to keep
> supply/demand equal so prices don't fall.
That shouldn't be _your_ problem. That's Harley's, and the dealer's, problem.
> Because it's a new bike there are no used parts available.
Your machine was only a month old, clearly still under warranty, yes? You
should be entitled to factory-new parts. One way or another, the dealer and
Harley need to work together to get them to the dealer so he can install them
on your bike.
> However, there are no new parts available either.
Even if true in general, that's a BS answer for them to give you in this
situation. You're not just some customizer looking to throw away perfectly
good parts and install upgraded replacement parts on your new bike. Clearly,
the factory is currently cranking out new parts, to put on new bikes. Somebody
at the dealer needs to shortcut the usual parts-dept. supply runaround by going
further upstairs at Harley management until he gets you a satisfactory answer.
The dealer should do this, you shouldn't have to be the one to waste your time
to do this. But the dealer is probably reluctant to do so because it would
mean admitting to the factory that the dealer's dunderhead mechanic screwed up
the assembly of your bike. That in itself seems the heart of your problem, but
the dealer has no right to keep that fact secret if it means shortchanging you,
the customer. Their attempted CYA maneuver actually is a _bad_ sign of their
lack of good faith both toward the factory and toward you. And perhaps you can
tell them that it will NOT be a secret for long, but that they can do the right
thing by telling Harley themselves about the screwup, rather than waiting until
you, an irate customer, call the factory to complain and they learn that way.
See if that doesn't get you faster action. If it doesn't, then this
dealership is too stupid to survive, anyway.
> The main manager called me and stated that there are
> simply no parts available anywhere and the parts I need are "on back
> order indefinately".
Unacceptable. As you recognize.
> I told him they should give me a new bike or
> refund me on this purchase minus depreciation of the miles I put on.
> He laughed and said no way.
He won't be laughing so hard if you get a lawyer involved. Under the
Magnuson-Moss Warranty Act, the remedy that you proposed is quite reasonable,
if they are unable to fix the problem any other way. And the problem clearly
renders the bike unrideable as-is, making it useless to you. It doesn't matter
whether it was the dealer or the factory that caused the problem, at least from
your POV -- you were relying on the factory warranty for a fully assembled,
road-ready machine when you bought it, and the factory-authorized dealer was
acting as the factory's agent in performing the final assembly steps at the
dealership. If you have to sue, you can sue both of them, even though chances
are Harley will cross-claim against the dealer and will try to make them pay
for everything caused by their improper assembly procedure. But that's the
dealer's problem, not yours.
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
The MMWA (the federal act I mentioned above) lets you demand a complete refund,
minus a reasonable mileage deduction for your actual use, if the dealership is
unable to fix a usability or safety issue (this is both) after a certain number
of tries, or a certain length of time. You can look it up online and read its
provisions, and I'm sure you will find many commentaries explaining it too.
Also Google "lemon law" to find out more about the MMWA and other "lemon laws."
The MMWA and certain other consumer-protection laws may also entitle you to
force the defendants (Harley and the dealer) to pay _your_ attorney fees
_on_top_of_ the cost of repair or replacement, under certain circumstances --
which of course was intended by Congress as an incentive for them to fix your
problem without your having to resort to calling a lawyer in the first place.
You may have other remedies available under your state's own laws (you don't
say where this happened), but your lawyer will know and will be able to advise
you on specific remedies you can claim.
How do you find a lawyer, if you decide you need one? Ask your friends who
have used lawyers, whom they would recommend as smart and trustworthy (at this
point, regardless of what field of law or what subject matter). Then call
those lawyers and ask them who you should go to, for your kind of issues. If
your case is something they can handle, great. If not, ask for _their_
recommendations of colleagues who do this sort of law. When you get the same
name from several independent contacts, that's your go-to guru. Call him or
her and make an appointment. Ask about fees for the initial consultation
(some initial consults are free, as a marketing come-on, other lawyers charge
for their time regardless, which is also reasonable). In any event, once you
hire somebody you will probably be paying by the hour for advice and other
services, unless it is an accident case, in which most lawyers offer a
contingent, percentage fee arrangement where you do not have to pay until the
lawyer wins you some money from your opponent. The most crucial thing is to
set up that first interview, where your lawyer can explain all of this to you
in detail, and then, if you are happy with the proffered game plan, he can sign
you up as a client. Good luck.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685
<Harley dealer screwed up pre-purchase assembly of wheels on new cycle,
resulting in damage to the product itself in a way that risked serious injnury
to new owner -- wheel could have fallen off. Dealer offers to repair, free>
> Now here is the problem. Harley keeps a very tight inventory to keep
> supply/demand equal so prices don't fall.
> Because it's a new bike there are no used parts available.
should be entitled to factory-new parts. One way or another, the dealer and
Harley need to work together to get them to the dealer so he can install them
on your bike.
> However, there are no new parts available either.
situation. You're not just some customizer looking to throw away perfectly
good parts and install upgraded replacement parts on your new bike. Clearly,
the factory is currently cranking out new parts, to put on new bikes. Somebody
at the dealer needs to shortcut the usual parts-dept. supply runaround by going
further upstairs at Harley management until he gets you a satisfactory answer.
The dealer should do this, you shouldn't have to be the one to waste your time
to do this. But the dealer is probably reluctant to do so because it would
mean admitting to the factory that the dealer's dunderhead mechanic screwed up
the assembly of your bike. That in itself seems the heart of your problem, but
the dealer has no right to keep that fact secret if it means shortchanging you,
the customer. Their attempted CYA maneuver actually is a _bad_ sign of their
lack of good faith both toward the factory and toward you. And perhaps you can
tell them that it will NOT be a secret for long, but that they can do the right
thing by telling Harley themselves about the screwup, rather than waiting until
you, an irate customer, call the factory to complain and they learn that way.
See if that doesn't get you faster action. If it doesn't, then this
dealership is too stupid to survive, anyway.
> The main manager called me and stated that there are
> simply no parts available anywhere and the parts I need are "on back
> order indefinately".
> I told him they should give me a new bike or
> refund me on this purchase minus depreciation of the miles I put on.
> He laughed and said no way.
Magnuson-Moss Warranty Act, the remedy that you proposed is quite reasonable,
if they are unable to fix the problem any other way. And the problem clearly
renders the bike unrideable as-is, making it useless to you. It doesn't matter
whether it was the dealer or the factory that caused the problem, at least from
your POV -- you were relying on the factory warranty for a fully assembled,
road-ready machine when you bought it, and the factory-authorized dealer was
acting as the factory's agent in performing the final assembly steps at the
dealership. If you have to sue, you can sue both of them, even though chances
are Harley will cross-claim against the dealer and will try to make them pay
for everything caused by their improper assembly procedure. But that's the
dealer's problem, not yours.
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
minus a reasonable mileage deduction for your actual use, if the dealership is
unable to fix a usability or safety issue (this is both) after a certain number
of tries, or a certain length of time. You can look it up online and read its
provisions, and I'm sure you will find many commentaries explaining it too.
Also Google "lemon law" to find out more about the MMWA and other "lemon laws."
The MMWA and certain other consumer-protection laws may also entitle you to
force the defendants (Harley and the dealer) to pay _your_ attorney fees
_on_top_of_ the cost of repair or replacement, under certain circumstances --
which of course was intended by Congress as an incentive for them to fix your
problem without your having to resort to calling a lawyer in the first place.
You may have other remedies available under your state's own laws (you don't
say where this happened), but your lawyer will know and will be able to advise
you on specific remedies you can claim.
How do you find a lawyer, if you decide you need one? Ask your friends who
have used lawyers, whom they would recommend as smart and trustworthy (at this
point, regardless of what field of law or what subject matter). Then call
those lawyers and ask them who you should go to, for your kind of issues. If
your case is something they can handle, great. If not, ask for _their_
recommendations of colleagues who do this sort of law. When you get the same
name from several independent contacts, that's your go-to guru. Call him or
her and make an appointment. Ask about fees for the initial consultation
(some initial consults are free, as a marketing come-on, other lawyers charge
for their time regardless, which is also reasonable). In any event, once you
hire somebody you will probably be paying by the hour for advice and other
services, unless it is an accident case, in which most lawyers offer a
contingent, percentage fee arrangement where you do not have to pay until the
lawyer wins you some money from your opponent. The most crucial thing is to
set up that first interview, where your lawyer can explain all of this to you
in detail, and then, if you are happy with the proffered game plan, he can sign
you up as a client. Good luck.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685
Mark A
Jun 28, 2012, 5:38:46 PM6/28/12
to
foxoflv wrote:
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is my
> recourse at this point?
>
> I paid $10,000 down cash and financed the other $10,000.
Contact someone at Harley Davidson corporate or regional office
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is my
> recourse at this point?
>
> I paid $10,000 down cash and financed the other $10,000.
about getting the parts your dealer needs.
Barry Gold
Jun 28, 2012, 5:40:23 PM6/28/12
to
On 6/27/2012 11:26 AM, fox...@yahoo.com wrote:
[OP bought a new Harley Davidson motorcycle, which was not properly
assembled. As a result of the error, the rear wheel is warped and needs
to be replaced. The dealer is unable to repair it because there are
simply no parts available, and the parts are "on back order indefinitely."
OP wants the dealership to give him a new bike, or to refund the
purchase price minus depreciation for the miles he drove it. Dealer
refuses.]
NOTE: I am not a lawyer. This isn't legal advice. If you want legal
advice, see a lawyer and pay for it.
There's an important question here: Did the bike come with a warranty?
A quick web search indicates that there may be a very strong warranty on
the cycle:
http://www.redrockharley.com/miscpage_003.asp
"All new Harley-Davidson? motorcycles come with a 2 year, unlimited
warranty. All used Harley-Davidson motorcycles that fall within the
original terms of the warranty are covered by the warranty until the
warranty expires."
You should also be able to find the warranty in the back of your owner's
manual. That says what rights you have.
Now... They call it an "unlimited warranty." That should mean that if it
breaks they will repair it (within a reasonable period of time, say 1
week), replace it with a new hog, or refund your _entire_ purchase price.
Under the common law warranty "merchantability," the motorcycle should
meet the following requirements:
1. Conform to the standards of the trade as applicable to the contract
for sale.
2. Be fit for the purposes such goods are ordinarily used
Obviously, the motorcycle you bought is not "merchantable," and the
dealer must "make you whole". That is, he must provide you with what you
paid for -- a working, new Harley Davidson motorcycle of your model.
If none are available, he must refund your purchase price.
Unless you put an insane amount of mileage on it before returning it,
they shouldn't even be allowed depreciation for the mileage you put on
it. It simply was not fit for use as a motorcycle, and was defective
from the very beginning.
Four ideas that come to mind:
1. Contact Harley Davidson and ask for their help in resolving this problem.
http://www.harley-davidson.com/en_US/Content/Pages/Utility/contact-us.html
"To speak with a Harley-Davidson customer care representative please
call 1-800-258-2464 or (414) 343-4056.
Representatives are available Monday through Friday 8:00 a.m. - 6:00
p.m. Central Standard Time (CST)."
2. If you don't get satisfaction, tell the dealer to make you whole or
you will sue him in small claims court. In most places, filing fees are
$50 or less, plus an additional $100 or so to have them served with the
papers. (Or you can send the "summons" by certified mail, return receipt
requested, or simply have a friend walk into the dealership, ask for the
manager, and hand him the papers -- or simply drop them off with the
greeter if they have one.)
If you win, the dealership has to pay the filing fee and cost of
service, in addition to whatever damages you are awarded.
3. Contact your local DA's consumer affairs department. They may be able
to convince the dealer to do "the right thing."
4. Contact your state Attorney General's consumer affairs department.
A Michigan Attorney
Jun 29, 2012, 2:41:30 PM6/29/12
to
UTC-4, (unknown) wrote:
> I bought a brand new motorcycle from the local Harley Davidson dealer
> last month. Bike worked fine for the first month. After a month the
> bike developed a significant wobble in the rear that made the bike
> undrivable. In fact on the highway at 70mph I almost got thrown off
> the bike it was that bad. I took it into the same dealership I bought
> it at to their service dept.
> I bought a brand new motorcycle from the local Harley Davidson dealer
> last month. Bike worked fine for the first month. After a month the
> bike developed a significant wobble in the rear that made the bike
> undrivable. In fact on the highway at 70mph I almost got thrown off
> the bike it was that bad. I took it into the same dealership I bought
> it at to their service dept.
> The dealership said because it was their fault for not assembling the
> bike correctly, they would eat the cost to repair it (both parts and
> labor). I was fine with that.
>
> Now here is the problem. Harley keeps a very tight inventory to keep
> supply/demand equal so prices don't fall. Because it's a new bike
> there are no used parts available. However, there are no new parts
> available either. The main manager called me and stated that there are
> simply no parts available anywhere and the parts I need are "on back
> order indefinately". I told him they should give me a new bike or
> refund me on this purchase minus depreciation of the miles I put on.
> He laughed and said no way.
>
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
First: I commend you on a well-written set of facts and questions.
> bike correctly, they would eat the cost to repair it (both parts and
> labor). I was fine with that.
>
> Now here is the problem. Harley keeps a very tight inventory to keep
> supply/demand equal so prices don't fall. Because it's a new bike
> there are no used parts available. However, there are no new parts
> available either. The main manager called me and stated that there are
> simply no parts available anywhere and the parts I need are "on back
> order indefinately". I told him they should give me a new bike or
> refund me on this purchase minus depreciation of the miles I put on.
> He laughed and said no way.
>
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
Second: Negligence is irrelevant here. You contracted to buy a working new Harley
and didn't get one (well, not one that meets the Uniform Commercial Code (UCC)
requirement of merchantability, that is). The reason the bike is defective is
irrelevant. A product either meets the contract specs or it doesn't. This one
doesn't.
Third: You are entitled to a working bike. The dealer (presumably) is responsible
to provide you with one, or to pay you the "cost to cover", i.e., the amount it will
cost
you to buy the same make/model/year from another dealer. I say "presumably"
because I presume your purchase contract was with the dealer, rather than with
Harley-Davidson directly. If the contract was with Harley (i.e., with the dealer
acting
as Harley's agent), then Harley is responsible. You may also have a good warranty
claim directly against Harley, even if your purchase contract was with the dealer.
The legal eagles who frequent this newsgroup will probably suggest revocation of
your acceptance of the bike (a UCC facet). To that I submit that a court would
probably rule that it is too late to revoke your acceptance of the bike after using
it
for a month.
I recommend that you talk to a local lawyer immediately. This is not a do-it
yourself
project.
Seth
Jun 29, 2012, 2:49:21 PM6/29/12
to
> dearer last month.
In which state?
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
Does your state have a "lemon law"?
What does Harley Davidson (corporate) say about this situation?
Seth
In which state?
> If the bike is damanged due to their negligence and can't be repaired
> because parts are not available, aren't they somehow liable? What is
> my recourse at this point?
What does Harley Davidson (corporate) say about this situation?
Seth
Robert Bonomi
Jun 29, 2012, 2:52:01 PM6/29/12
to
> you whole or rdadams you will sue him in small claims court.
CAVEAT: The amount involved here -- circa $20,000 -- will substantially
exceed the limits for a small-claims action in every state except Tennessee.
(Tennessee has a small-claims limit of $25,000.) Two states would allow
small-claims recovery of 75% of this purchase, two more 60%, and another six
max out at 50%. One would either have to waive the claim for whatever is
over the maximum for small-claims (if one is 'just over' the small-claims
limit, this *does* make sense), or take it to the 'regular' court system.
Using the 'big stick' of the Magnuson-Moss Warranty Act is probably the
way to go. It has enough 'teeth' to make it worthwhile to go the "real
court" route, if push comes to shove.
CAVEAT: The amount involved here -- circa $20,000 -- will substantially
exceed the limits for a small-claims action in every state except Tennessee.
(Tennessee has a small-claims limit of $25,000.) Two states would allow
small-claims recovery of 75% of this purchase, two more 60%, and another six
max out at 50%. One would either have to waive the claim for whatever is
over the maximum for small-claims (if one is 'just over' the small-claims
limit, this *does* make sense), or take it to the 'regular' court system.
Using the 'big stick' of the Magnuson-Moss Warranty Act is probably the
way to go. It has enough 'teeth' to make it worthwhile to go the "real
court" route, if push comes to shove.
Mike Anderson
Jun 29, 2012, 3:23:59 PM6/29/12
to
Barry Gold wrote:
<snip details about a month-old Harley>
> 2. If you don't get satisfaction, tell the dealer to make you whole or
> you will sue him in small claims court.
Priced any Harley's lately? They range from around $8k-30K (or more)
new. Most states limit small claims to under $10K (see
http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html)
and many are even below $8K so chances are he'd be way over any
small-claims limits.
True, small claims is a good idea when it's a small enough claim. But I
don't think this one will make it there (unless he's willing to take a
loss of part of it.)
<snip details about a month-old Harley>
> 2. If you don't get satisfaction, tell the dealer to make you whole or
> you will sue him in small claims court.
new. Most states limit small claims to under $10K (see
http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html)
and many are even below $8K so chances are he'd be way over any
small-claims limits.
True, small claims is a good idea when it's a small enough claim. But I
don't think this one will make it there (unless he's willing to take a
loss of part of it.)
Stuart A. Bronstein
Jun 29, 2012, 3:24:56 PM6/29/12
to
A Michigan Attorney <miatt...@gmail.com> wrote:
> The legal eagles who frequent this newsgroup will probably
> suggest revocation of your acceptance of the bike (a UCC facet).
> To that I submit that a court would probably rule that it is
> too late to revoke your acceptance of the bike after using it
> for a month.
Under the UCC he has to reject it within a reasonable time. If he
> The legal eagles who frequent this newsgroup will probably
> suggest revocation of your acceptance of the bike (a UCC facet).
> To that I submit that a court would probably rule that it is
> too late to revoke your acceptance of the bike after using it
> for a month.
does it within a few days after he discovers it was defective when
delivered, I'd think that would be a reasonable time.
> I recommend that you talk to a local lawyer immediately. This
> is not a do-it yourself project.
___
Stu
http://DownToEarthLawyer.com
Stuart A. Bronstein
Jul 5, 2012, 11:31:50 AM7/5/12
to
Mike Anderson <prabb...@phx2-ss-5-lb.cnet.com> wrote:
> Barry Gold wrote:
> <snip details about a month-old Harley>
>> 2. If you don't get satisfaction, tell the dealer to make you
>> whole or you will sue him in small claims court.
> Priced any Harley's lately? They range from around $8k-30K (or
> more) new. Most states limit small claims to under $10K (see
> http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-muc
> h-30031.html) and many are even below $8K so chances are he'd
> be way over any small-claims limits.
You won't be suing for the entire value of the bike. You will be
> Barry Gold wrote:
> <snip details about a month-old Harley>
>> 2. If you don't get satisfaction, tell the dealer to make you
>> whole or you will sue him in small claims court.
> Priced any Harley's lately? They range from around $8k-30K (or
> more) new. Most states limit small claims to under $10K (see
> http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-muc
> h-30031.html) and many are even below $8K so chances are he'd
> be way over any small-claims limits.
suing for what it costs to get it repaired, with the missing parts
make by hand if necessary. That might be very expensive, but it
might also be within the jurisdiction of the small claims court.
___
Stu
http://DownToEarthLawyer.com
Mike Anderson
Jul 5, 2012, 1:35:30 PM7/5/12
to
elaborate, it may get very expensive very fast to have them custom-made
(and even then may not be up to par with factory parts.)
If it's simply a bolt or a warped brake disk then yeah, maybe a machine
shop could fabricate it for a few hundred $ or even $2-3K. But it'd just
depend on what the parts are, specifically, and what needs to be done to
replace them (remember how a car can be totaled even with what may seem
to be relatively minor damage due to the labor involved in fixing such
damage as well as as the parts themselves.) In this case, the damage may
extend to the frame itself on the bike.
So yes, you're probably right that he'd be suing for less than the price
of a new bike but he still may wind up being close to that.
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