Need some strong sound advise!!!
#1
Need some strong sound advise!!!
Has any of you dealt with Harley Davidson with a "Lemon Law"?
Not looking for an argument, I seriously need some quick advice!
My bike has unfortunately fallen under several guidelines of the "Ohio Lemon Law", negotiations are in order, and Harley Davidson will not negotiate in a reasonable manner, even though they have admitted their fault in a contractual agreement.
I do not want to file a lawsuit but Harley Davidson continues to be absolutely ridiculous in their negotiations.
What have some of you done, collected a small amount in a settlement, or went ahead with the filing of a lawsuit...If you do not mind disclosing and/or sharing the outcome of your settlement or lawsuit, please post up...
I apologize for the brief description, but I need to maintain the details of the case, I do not want anything posted by me that will hurt my case, it has been nothing but a headache already...
I appreciate all of your help!
Not looking for an argument, I seriously need some quick advice!
My bike has unfortunately fallen under several guidelines of the "Ohio Lemon Law", negotiations are in order, and Harley Davidson will not negotiate in a reasonable manner, even though they have admitted their fault in a contractual agreement.
I do not want to file a lawsuit but Harley Davidson continues to be absolutely ridiculous in their negotiations.
What have some of you done, collected a small amount in a settlement, or went ahead with the filing of a lawsuit...If you do not mind disclosing and/or sharing the outcome of your settlement or lawsuit, please post up...
I apologize for the brief description, but I need to maintain the details of the case, I do not want anything posted by me that will hurt my case, it has been nothing but a headache already...
I appreciate all of your help!
Last edited by tbenson; 02-02-2011 at 12:53 PM.
#5
I have an attorney friend who had to use the lemon law on a cage a few years ago. He stated that if you let the dealer work on a particular issue more than two times without their bringing in outside or a corporate mechanic, you could loose. It's all in following the letter of the lemon law. They should buckle soon if you have played the game properly.
My friend, who after his buyback, went and purchased another truck almost exactly like the other one, from the same dealer. And it being the end of year, he worked a much better deal on the latest truck and saved thousands.
No lawsuit should be required for this, which will cost you more out of your pocket, which they aren't required to pay back for. Just bide your time for a moment and see what happens. They are required to give you what you paid for the scooter, less millage if it is over a certain amount, which I have no numbers on.
I wish you best of luck, but it shouldn't come to that. They all like to stall, hoping you might give up on your pursuit. Stay on them however, and tell them it's costing you a lot of out of pocket expense, which you expect to made up for, even though they aren't responsible for that.
Wish I could be of more help!
aka Bob
My friend, who after his buyback, went and purchased another truck almost exactly like the other one, from the same dealer. And it being the end of year, he worked a much better deal on the latest truck and saved thousands.
No lawsuit should be required for this, which will cost you more out of your pocket, which they aren't required to pay back for. Just bide your time for a moment and see what happens. They are required to give you what you paid for the scooter, less millage if it is over a certain amount, which I have no numbers on.
I wish you best of luck, but it shouldn't come to that. They all like to stall, hoping you might give up on your pursuit. Stay on them however, and tell them it's costing you a lot of out of pocket expense, which you expect to made up for, even though they aren't responsible for that.
Wish I could be of more help!
aka Bob
#6
Thanks for the advise, Harley Davidson is in fact playing hardball, they will not consider taking the bike back at all, they want me to keep the bike and pay me a very small settlement.
Again...HD absolutely refuses to take the motorcycle back at this point, they will not even discuss this as an option...HD even at one point mentioned they would trade me my bike for one of their used models from one of their dealers as a replacement.
Harley Davidson has been very unprofessional and unreasonable in this whole mess...For all of the "nay sayers" out there, if you knew how cooperative and lenient I have been in this whole situation, you would probably want to smack me to wake me up!
I know the attorney thinks I am being way to easy on HD for the strength of my case against them...The attorney thinks a lawsuit is definitely in order, I on the other hand would like to avoid a lawsuit at all costs, and would like to settle outside of court.
Again...HD absolutely refuses to take the motorcycle back at this point, they will not even discuss this as an option...HD even at one point mentioned they would trade me my bike for one of their used models from one of their dealers as a replacement.
Harley Davidson has been very unprofessional and unreasonable in this whole mess...For all of the "nay sayers" out there, if you knew how cooperative and lenient I have been in this whole situation, you would probably want to smack me to wake me up!
I know the attorney thinks I am being way to easy on HD for the strength of my case against them...The attorney thinks a lawsuit is definitely in order, I on the other hand would like to avoid a lawsuit at all costs, and would like to settle outside of court.
#7
Hard ball playing requires a hard ball response. If you have bent over backwards to bring this to a peaceful conclusion then the only other option is to really make some noise with a law suit. The suit does not have to go forward, it shows they have backed you up against the wall and you have no place to go. This will reiterate where you are drawing the line. 20+ years as a LEO, our motto was and still is in my mind" take control of the situation before the situation takes control of you " I lived by those words.
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#8
If your attorney really thinks you have a case he will be happy to sue for his fees...if he wants you to pay up front, you might not have much of a case...just saying
#9
You'll have to sue. Probably the only way they're gonna budge and abide by the law.
Listen to your attorney. They tend to not take a case they can't win, unless they smell big bux from someone involved they think they can get. Even if they think they can win, unless someone involved has money they can get, they'll tell you to go pound sand.
Listen to your attorney. They tend to not take a case they can't win, unless they smell big bux from someone involved they think they can get. Even if they think they can win, unless someone involved has money they can get, they'll tell you to go pound sand.
#10
Ohio has very strong lemon laws. They have to pay your attorneys separately from whatever you get from them.
We had a problem from day one with a 2009 Pontiac G8. The service manager told me to never bring the car back because they had done everything they could. I called a lemon lawyer that day. 3 months later GM sent me a check for $4K, paid the lawyer $1800 a promised to fix the car.
Don't agree to anything until you have discussed it with a qualified lawyer.
PM me if you want to know more...
We had a problem from day one with a 2009 Pontiac G8. The service manager told me to never bring the car back because they had done everything they could. I called a lemon lawyer that day. 3 months later GM sent me a check for $4K, paid the lawyer $1800 a promised to fix the car.
Don't agree to anything until you have discussed it with a qualified lawyer.
PM me if you want to know more...