Lemon Law Advice/Experience?

[RightCoastBias]

I'd still buy a KTM, they make some bitchin bikes and lemons are anomalies.

Glad the OP finally got a decent outcome, sucks KTM were such cunts about standing behind their bike.

 

[KrustyKruser]

Thanks for the update Rick, definitely will throw a caution flag everytime I see a KTM for sale, at least the India made ones.

 

[rick]

did ktm buy it back?full amount?-was the outcome happier than the ownership?

I can't disclose any financial terms (NDA). It's over with and I no longer have to constantly deal with the bike or unpleasant people at KTM so, I guess I'm "happy".

The lemon laws are pretty decent for consumers in California though. Motorcycles are not quite as well covered as cars but, this could have been harder in other states. Thankfully the law is on the consumers side and covers your legal fees. So, I am pretty happy with that!

Here's some of the bits of the law that happen to make my notes through all this for whatever reason:

• This shows that your warranty is extended for time spent in the shop:
  

  California Civil Code 1793.1(a)(2):
  The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs.

• This is part of where over 30 days in the shop might get you into lemon law territory:
  

  California Civil Code 1793.2(b)
  Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days.

• Some other stuff:
  

  California Civil Code 1793.26(a):
  Any automobile manufacturer [...] is prohibited from doing either of the following:
  (1) Requiring, as a condition of the reacquisition of the motor vehicle, that a buyer [...] agree not
  to disclose the problems with the vehicle [...] or the nonfinancial terms of the reacquisition.
  (2) Including [...] a confidentiality clause, gag clause, or similar clause prohibiting the buyer or lessee
  from disclosing information to anyone about the problems with the vehicle, or the nonfinancial terms of the reacquisition of the vehicle by the manufacturer

Overall, if you think you might be getting into lemon law territory, you probably should lawyer up. Most of them are free and you can do almost the entire process beginning to end online.

 

[MikeGyver]

Thank you for posting your story and applicable information to make it easier for others to navigate this process.

 

[mrzuzzo]

KTM sucks... can't belive it took so long.

 

[Z3n]

That's very disappointing. I do love KTMs, but it's lame as hell to hear them jerk you around like this.