You're right about teeting problems with new technology on cars and bikes. I'm told that the Sportys received fuel injuection so that they would comply with epa regs. Whether that's the truth or not I don't know. I've given this bike a fair shake and the dealer a chance to sort it out. However, when is enough enough. Well when the bike quits on me at 60 mph on the interstate, that's enough, considering I just got it back from fixing the exact same problem. Nine warranty services, half of them for the same thing is too much. I've contact H-D customer service and they are sending it on the product liability. According the the laws in our state, the next step is a registered letter, return receipt, to the president of H-D and the states attorney general. I don't want to go this route, but if H-D keeps trying to fix the problem, I'll be forced to. If you have to get the same problem fixed 4 times and it isn't fixed the law states that the vehicle is a lemon. I think mine now qualifies.

Thanks for the feedback.

 

I like what you say will happen with H-D. But, how do you know that this will be the scenario that unfolds? Is this through experience or purely anecdotal? If H-D were to offer to buy my bike back and then sell me one at dealer cost, I'd jump at it.

 

I would take whatever action necessary....if it damn near kills you, it's become a problem. I was set on a nightster for a while, but the reason I finally decided against it was because it was brand new. I love that bike, but I think Harley has some work to do when it comes to these EFI models...you have to think....for over 100 years they used the same formula, and JUST NOW switched it up...and IMHO, they released these bikes LONG before they should have.

I say, being this is the 9th repair, you pursue getting a new bike....for safety and obviously financial reasons.

 

I am a lawyer, lemon laws vary by state, but they are quite specific for the most part. The problems has to meet the definition of the statute, ie, number of repairs, and time frame, and nature of problem (like cosmetice are usually not covered), but when your bike hits the standard, you can't expect the dealer to jump out and say so. You need to research the law, that is easy on line, if you meet the criteria, and you are ready, follow the directions, do not wait, do not hesitate. Note your remedies are usually spelled out also, buy back, refund, exchange whatever. Moreover, there is no reason you can't cut a deal of some type, ie trade etc. But, you can't do a fair deal if you do not know what your rights are. I don't know what your state law is, but from what you say, it seems you are there or nearly there. There can be some technicalities about the situations, such as defining the repair, since the item usually requires multiple repairs, incorrectly, orcreatively describing the repair could keep it out of the law. So, it can get contentious. Be sure to keep good records of the symptoms, the conversations, the papers. The best advice is to keep up the repairing until it just doesn't work anymore, and keep monitoring the time frame so as not to let the deadline get away. If you really have a lemon it usually will meet the definition eventually with dilligence. When it is obvious, the Mfg usually has no choice but toadmit it. When it does, you will need to firmly assert your right and demand a response. If you are right and you are sure, and you get no response, you may need an attorney. Needing an attorney is not a good thing. Good luck.

 

Ok so even if your dealer is doing all this for you and actually "happens" to "fix" the bike and you don't have anymore problems....What happens when the warranty runs out and it dies all of a sudden from the same stuff? If you don't try for a new bike now, you may end up much worse off in 2 years. My lemon lawsuit went easily. I contacted an attorney. They filed everything and made all contacts and gave me periodic phone calls with updates on my case. When it was over, they sent me a check and I took the bike back to the original dealer. Very simple process. I first asked them to give me a new bike, they refused so I filed. Ask the dealer or contact Harley and demand a new bike, if they say no, make no further contact and let an attorney handle everything. It's really not that complicated.

 

They will probably balk at the idea of a new bike because it already has 8500 miles on it. Definitely not good for potential resale. But now I'm with ya...NINE warranty repairs and it's STILL not fixed? Hell, everywhere in the manual it warns, "may cause death or serious injury!" That's everything from loading up the luggage rack, air in the tires, to filling up with gas and starting it in gear! Engine quitting at 60 mph is F*kkin' SERIOUS, man! The clutch disengaging the engine is the only thing that keeps you from "death or serious injury" in that case! If you're in the passing lane and have to move over two or three more lanes to get to the proper shoulder while COASTING in traffic, that's another "death or serious injury" risk! And it's not your fault! Sorry...I misunderstood the exact nature of the danger there. Yeah, research the lemon laws of your state. Burn off a copy from the internet, highlight the part that you feel makes you qualify, and also highlight the remedies according to the law and take that up to the dealer. Tell 'em what you told us...and I'm sure you've told 'em a bunch of times already...."I just want a bike that WORKS! NINE warranty repairs, not to mention the 1K and 5k service is just too much!"

Teek

 

Thanks for the advice. Actually, I am doing exactly what you say. I'm trying to take things one step at a time and giving the dealer every chance to make this bike right before getting an attorney involved. I've been in contact with H-D customer service who passed it along to product liability. I hope to hear from them today. The owner of the dealership called me yesterday and asked for one more chance to get this bike running correctly without problems and offered me a gift card to help compensate for my inconvenience and pitched me on his sincereity etc. He did say that if it can't be fixed on this try he would get me a new bike. I'm not sure of the actual mechanics of that kind of deal. I have kept good records of all work done. I don't have a record of number of days spent without my bike due to these repairs. That is part of the lemon law here in Maryland.

Again, thanks for the advice.

 

This does suck! I would like to add one more negative on 2004 and up sportsters If you have transmission issues the cases have to be split HD eliminated the trap door in 2004 Isn't that special Good luck

 

You're questioning why he thinks he has a lemon?PRICELESS! You sound likea service advisor at a dealer.He has had more problems with 1 bike than I've had with all 7 of my Harleys.

In Florida,they get 3 chances to fix the same problem then THEY'RE out.
My (ex)wife and I returned a new Miata with a problem that dealer couldn't repair.Cost $50 to file under the Lemon Law.Long story short,the regional magager drove the car and admitted that 15% of Miatas had theproblem.The afternoon of the day before we were to appear in the state capital,Mazda calls and says go to any dealer you choose and pick any car and keep the same payments.We find out that if it's resolved to our satisfaction prior to reaching the hearing that it doesn't go on the manufacturer's record as a lemon.
I'm sure Florida has a similar law for dealing with 1 vehicle having many issues.Ours was dealt with in the mid-90s.

 

What's the big deal about not having it classified a lemon?What does it matter to you either way-it won't make a damn bit of difference to them. Take the necessary steps to start the Lemon process and HD will cave because you are correct and were sold a lemon.
They will make it right as many have mentioned to keep it off their record.