General Harley Davidson Chat Forum to discuss general Harley Davidson issues, topics, and experiences.
Sponsored by:
Sponsored by:

Need some strong sound advise!!!

Thread Tools
 
Search this Thread
 
  #1  
Old 02-02-2011, 10:24 AM
tbenson's Avatar
tbenson
tbenson is offline
Cruiser
Thread Starter
Join Date: Apr 2007
Location:
Posts: 137
Likes: 0
Received 0 Likes on 0 Posts
Default 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!
 

Last edited by tbenson; 02-02-2011 at 12:53 PM.
  #2  
Old 02-02-2011, 10:28 AM
IAMSWUTIAMS's Avatar
IAMSWUTIAMS
IAMSWUTIAMS is offline
Extreme HDF Member
Join Date: Nov 2006
Location: San Diego, Mexifornia
Posts: 18,664
Received 13 Likes on 12 Posts
Default

have you consulted an attorney ?
 
  #3  
Old 02-02-2011, 10:31 AM
SMF's Avatar
SMF
SMF is offline
Banned
Join Date: Feb 2009
Posts: 3,500
Likes: 0
Received 1 Like on 1 Post
Default

My homie had this happen with a fatboy, lawyer won the case and he got send the bike back and harley had to pay. He bought a big dog chopper.
 
  #4  
Old 02-02-2011, 10:37 AM
tbenson's Avatar
tbenson
tbenson is offline
Cruiser
Thread Starter
Join Date: Apr 2007
Location:
Posts: 137
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by IAMSWUTIAMS
have you consulted an attorney ?
Yes I have had an attorney from the beginning.
 
  #5  
Old 02-02-2011, 11:50 AM
Turbo Turtle's Avatar
Turbo Turtle
Turbo Turtle is offline
Road Warrior
Join Date: Nov 2009
Location: 501
Posts: 1,635
Received 13 Likes on 12 Posts
Default

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
 
  #6  
Old 02-02-2011, 12:18 PM
tbenson's Avatar
tbenson
tbenson is offline
Cruiser
Thread Starter
Join Date: Apr 2007
Location:
Posts: 137
Likes: 0
Received 0 Likes on 0 Posts
Default

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.
 
  #7  
Old 02-02-2011, 12:27 PM
chamokie's Avatar
chamokie
chamokie is offline
Supporter
Join Date: Oct 2009
Location: Milton Mills NH
Posts: 2,051
Received 246 Likes on 109 Posts
Default

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.
 
  #8  
Old 02-02-2011, 12:29 PM
Tom84FXST's Avatar
Tom84FXST
Tom84FXST is offline
Seasoned HDF Member
Join Date: Nov 2009
Location: Farmington ,MS
Posts: 15,486
Received 20,113 Likes on 5,824 Posts
Default

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  
Old 02-02-2011, 12:30 PM
Joe Diver's Avatar
Joe Diver
Joe Diver is offline
Road Master
Join Date: Apr 2008
Location: DFW Metroplex
Posts: 1,212
Likes: 0
Received 3 Likes on 3 Posts
Default

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.
 
  #10  
Old 02-02-2011, 12:37 PM
PFWiz's Avatar
PFWiz
PFWiz is offline
Stellar HDF Member
Veteran: Navy
Join Date: Jun 2009
Location: Northern, Ohio (Yuck!)
Posts: 3,409
Received 387 Likes on 231 Posts
Default

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...
 


Quick Reply: Need some strong sound advise!!!



All times are GMT -5. The time now is 07:28 AM.