Gawernator
Watchdog Armory
- Joined
- Sep 29, 2015
- Location
- Hayward
- Moto(s)
- 2015 ZX-6R 636; 2009 250R;
1999 KX125
- Name
- Andrew
- BARF perks
- AMA #: 3223595
good luck, kill em
-
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Lemon Law Advice/Experience?
- Thread starter rick
- Start date
fubar929
New member
- Joined
- Apr 27, 2003
- Location
- Mountain View, CA.
- Moto(s)
- 2015 KTM 1290 Super Duke R, 2018 Ducati Supersport S
Which manufacturer, do you imagine, is going to treat you better if you end up buying a lemon? I have close friends who've had similar reliability, and similar results, with Ducati and Aprilia. Personally, I doubt that any motorcycle or car manufacturer is going to buy a vehicle back without lawyers getting involved...
Bikes to consider... KTM. Nice job, Mike Cooper. But, you got your bonus, so this is just noise to you. Oh, and you say there's more to this story than we know? Yeah, of course. We knew you'd say that. You're prohibited from commenting? Yeah, we knew you'd say that too. Hope KTM is proud. 
NorCal_SV650S
Active member
Was seriously considering RC390, but that is sure not happening...
Shaggy
Zoinks!!!!
My wife was really digging the Duke 390 when we were at Ace Motorsports yesterday. Glad I'm a shitty husband... 
Inner Nerd
C Group Sandbagger
Jeez, I'm a little late to this party but I went through something similar with my Triumph Tiger Explorer 2-3 years ago when it spent 66 days in the shop for various crazy issues like a completely new top end, various recalls, and a gearbox failure in the 9 months I owned it. It took over 33 days to resolve the gearbox issue because it was popping out of 2nd gear under ANY load. When I got it back, the top end was sounding like marbles... which meant the top end was about to grenade again (top end was already replaced once for this months prior). I contacted Triumph directly about a buyback and they offered me any accessory I wanted from the parts or apparel catalog (LOL WUT how is a full arrow exhaust suppose to prevent my top end from grenading?!). I declined their offer and suggested doing a buyback without getting lawyers involved because it would only end up costing everyone more in the end. They actually told me to go through legal.
I ended up contacting Scott Kaufman of California Lemon Lawyers. It took a while after the demand letter and service because Triumph dragged it out (maybe in hopes of a bluff?), but they ended up settling before it went to court and I got what I had originally asked for, but now Triumph has to pay the legal fees too.
Good luck man! Your situation sounds way worse than mine so I think you should be getting a full refund.
I ended up contacting Scott Kaufman of California Lemon Lawyers. It took a while after the demand letter and service because Triumph dragged it out (maybe in hopes of a bluff?), but they ended up settling before it went to court and I got what I had originally asked for, but now Triumph has to pay the legal fees too.
Good luck man! Your situation sounds way worse than mine so I think you should be getting a full refund.
In theory, a manufacturer could simply follow the law without being compelled to by a consumer filing a lawsuit. California's lemon law also requires the manufacturer to pay the consumer's legal costs so, the manufacturer also has an economic incentive to follow the law and avoid a lawsuit as well.
The fact that I had to obtain legal representation doesn't bother me so much. It's nice to have someone on your side through this process. They way KTM (et al) behaved and the things they said was what shocked me so much.
Seriously! It seemed like they really thought I'd go away if they just dragged it out long enough. Even after they knew I had obtained counsel.
From my layman's perspective, the law is very clear and most lemon law attorney's work on contingency and therefore tend to only take slam-dunk cases. I can't figure their mental process on all this.
I was at a BMW dealer checking out a candidate for the new commuter and told them a little bit about what I had been going through. The salesperson said that over the years he'd also seen some buyback's run through. He said that it seemed totally random about how the manufacturer would react. He said some guys had basically nothing go wrong, they'd demand a buyback and the manufacturer wouldn't hesitate to do so. Other time's he seen people that had really suffered with a horrible product and the manufacturer would fight it tooth and nail. We began imagining that the Mike Cooper's of the world may have a maximum quota for buyback's per month, timing with their last review or maybe just taking out personal issues on random consumers. Who knows?
nine_inch_rear
Active member
Maybe a good time to look at boring reliable japanese bikes?
FZO7..FZO9..alot of bang per buck. Gluck in whatever you decide.
FZO7..FZO9..alot of bang per buck. Gluck in whatever you decide.
nine_inch_rear
Active member
Couple years back, I read about a barfer who had the same issue with his new ducati. Except that I think he took up their offer on new wheels or exhaust or something like that. He agrees to these nice upgrades with a bike that still has a drivability problem. Not sure what happened in the end as the post died off. Hopefully it worked out in his favor, but sticking to your guns and going through all the proper channels obviously is the best way to go
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Been doing that my whole life! Although, I've had warranty repairs on those too. ...Just nothing like this KTM.Maybe a good time to look at boring reliable japanese bikes?
I will say that after wrenching on Japanese bikes for most of my life, the Ducati and the BMW are pretty neat. Digging down to the valve cover on the 848 is horrible but, the rest is pretty dreamy. On the BMW, so far that boxer engine and shaft drive are looking nearly effortless to maintain.
The compromise is the clutch. Servicing that means splitting the bike in half.
Right? It's crazy! They also went from the threaded valve height adjusters to shims so, when they give they also take way. 
I haven't done a valve adjustment yet but, it looks like the cams might be gear driven and you can lock the crank in positions so, it should still be pretty darn easy.
I haven't done a valve adjustment yet but, it looks like the cams might be gear driven and you can lock the crank in positions so, it should still be pretty darn easy.
Inner Nerd
C Group Sandbagger
I ended up with a Super Tenere to replace the lemony Triumph. The only issue I had was with a sticky clutch lever that didn't have enough lube from the factory. Everything else in the last 24,000 miles was lube some bushings, change out oil and filters, replace the air filter, and tires. Everything else stayed in spec. That shaft drive for commuting though...
The best part: The Super Tenere was $10,800 brand new. It feels like 90% of the R1200GS, but at half the price. They get discounted like crazy because the dealerships can't get rid of those things!
Bikes to consider...KTM. Nice job, Mike Cooper. But, you got your bonus, so this is just noise to you. Oh, and you say there's more to this story than we know? Yeah, of course. We knew you'd say that. You're prohibited from commenting? Yeah, we knew you'd say that too. Hope KTM is proud.
Ha! Is Mike Cooper is sniffing around on BARF? I guess that's not too surprising if so. What's his handle? My search-foo seems weak this morning.
Yakoo752
USN
when I took a cash offer for our lemon, it removed liability to the manufacturer of all PAST issues. Anything new would open up them for liability as well and from our understanding the time out of service requirement would not be waived. So I could continually go after them for everything - we sold the cars days after getting the check
Since I saw this thread got linked to by KrustyKruser on this thread. I thought I'd give a final update:
It's all done. The RC390 is officially no longer my problem. I feel that KTM and Mike Cooper were awful to me even to their own detriment but, I am relieved that it's gone and this is over with.
I don't know if there's anything I could have done better aside from not buying the KTM in the first place. All I can think to advise if you're facing a similar problem is to be firm and lawyer up.
It's all done. The RC390 is officially no longer my problem. I feel that KTM and Mike Cooper were awful to me even to their own detriment but, I am relieved that it's gone and this is over with.
I don't know if there's anything I could have done better aside from not buying the KTM in the first place. All I can think to advise if you're facing a similar problem is to be firm and lawyer up.
NorCal_SV650S
Active member
Good to know I will NEVER buy a KTM now, especially a RC390...It was going to be my next bike too...