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Lemon Law Advice/Experience?

Yeah, it's another lemon law firm and no, still just following the advice of attorneys. :)
From the amount of damage engine Mike Cooper was talking about and based on past performance it would probably take nearly two months for them to rebuild the engine. So, nothing is happening fast anyway.
 
rick said:
She said it sounds like KTM is purposely trying to evade their responsibility under the law which is what was pushing it into the fraud realm. ...damn.
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Translation: it seems like your case might require effort, which means we probably can't make any money on it, so please call our biggest competitor and tie up some of their time.
 
fubar929 said:
Translation: it seems like your case might require effort, which means we probably can't make any money on it, so please call our biggest competitor and tie up some of their time.
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Heh, could be! The FAQ on all the lemon law lawyer sites I came across claim that the attorney's fees are provided for by the lemon law which is why they all seem to be free.

On the other hand, I have a possibly positive update!

As a reminder, on Monday Mike Cooper from KTM-NA said that the RC390 had an aftermarket oil filter in it that failed and the oil was full of brass indicating the crank was failing. This seemed to me to be his, "I got you now so you can go to hell!" moment. When I said that the oil had last been changed about 1,000 miles ago when the head was replaced under warranty he got quiet.

So, last night the dealer called and said that the oil filter was not changed after the head gasket failure and head replacement. The apologized at length and said that they'd had a team meeting about it which may have included some raised angry voices on his part. He asked how they could make this right. I stuck with my buy-back request which they said was pretty reasonable given my history with this bike. Then we talked about what motorcycles might make a good replacement for a bit.

After I got off the phone with the dealer I had a message from Mike Cooper. He confirmed that the oil had not been changed after the head gasket failure and that he was going to talk to his boss about resolving my case and that he'd call me Monday.

So, that was far and away the most candid Mike's ever been with me. The dealer was great and I have the tiniest shred of hope that this may actually get resolved in my favor without lawyer-ly intervention. ...maybe :)
 
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Also, the dealer said that he was googling about the RC390 and low oil pressure and all the links that came up were these threads so, thanks everyone!
 
Right?!?! Multiple distressing/dangerous breaks downs, 135/308 days broken down or in the shop (44%) wasn't enough for KTM-NA but, combine that with a single major mistake on their part and suddenly there's some movement.

...I'm trying really hard to not get too optimistic though. :)
 
I've considered buying a 500EXC (if someone doesn't believe me, look at my post history - I like to buy bikes)

And now because of this thread, I'll hold off.
 
Potential congrats
 
Sadly, no. Mike Cooper did not call me Monday as expected. I left a message for him this morning saying that I know he's working to get this buy-back done and that I appreciate it. And, as always, I left my running totals: 140 days broken down and 21 since I asked for a buy-back.

I also emailed the new attorney all the purchase docs and whatnot they had asked me to collect. Hopefully it won't come to that.
 
A small update:
KTM-NA/Mike Cooper left me one of his mysterious name and phone number messages this morning which usually means something bad for me. I called him back and he said that he heard that I had been talking to the dealer about buying a new bike and that he felt that they were on hold until I decided what I wanted.

I said that I would still need a another motorcycle once the buyback was done and that I had chatted with the dealer about some of my options but, that we both seemed to feel that everything was on hold until KTM made a decision. Mike asked if I was set on the buyback and asked if he could give me a warranty extension or some gear instead. I said that I felt that I've been clear and consistent about wanting a buyback for almost a month now. He said he would pass it to his legal department and ended the call.

He's never technically rude but always exhausting.

I'm a little grumbly because that's what he said he'd do nearly a month ago and I guess nothing came of his message about talking to his boss and get my "case resolved" last week. Sigh, I guess it's going into legal hell now - attorney's are saying it's time to sue. :(
 
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As of right now, this post has been seen 3,264 times. What great advertising for KTM! Perhaps time for them to firmly grasp their shoulders and pull their collective heads out of their asses.
 
KTM sounds pretty pathetic. Such a cool looking bike too. I'm a motorcycle sadist and if the fucker is under warranty I'd ride it until it pops, get it fixed, pop it again, rinse and repeat. Give the service people gray hair.
 
HappyHighwayman said:
And people make fun of BMW
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Well, we're a unique breed, you and me, Jordan. I've come to the conclusion that some people just like complaining. When there's nothing to complain about, they find something. :laughing

I love my bike. :)
 
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