Question by TheCoolKidEdTV: Need advice… used motorcycle is a lemon?
I bought a used sportsbike in early July 2009 from a private seller. With the purchase he wrote me up a 2 month warranty, and his “word” that the bike is fine and will cause no problems. 2 days after purchase, the bike starting making a loud noise, I called the seller to let him listen to the noise and he sent a mechanic out to pick up the bike. I called him later that day and explained to him that I did not feel good about owning a bike that is going to the shop 2 days after buying it,(btw the bike is a 2006 Kawasaki ninja 600, with 17K miles on it) and that I would like to either get my money back or have it exchanged for a more reliable bike that he owns. He insisted that this was a fluke and that nothing would go wrong again with this bike. I should have seeked this legal advice at THAT point, but instead, I took ownership again of the bike…. it rode good for about 3 weeks, then the temp gauge started to show 245 degrees at the end of my rides(which is hot! for a bike) …. again, I took it to the mechanic, and the diagnosis was that the bike was not overheating but, the temp sensor went bad and is giving the wrong readings. The seller once again paid for this repair under the warranty. At this point Im getting uneasy because I see a pattern building. I go pick the bike up(after two weeks of it being in the shop for repair) and THAT SAME DAY, I get to my family cookout turn it off, then come back to start it back up and it made this noise loud as a helicopter landing!!! I called the seller, he didn’t answer, so I left a VM and let him hear the noise that it was making. I called the mechanic that was working on it and he came out to pick the bike up. By this time, the two months have gone by. I spoke to the seller yesterday. His son is currently extremely ill and in the hospital, and you could tell that my bike was the last thing on his mind(understandable), but I am now at this point, bike is broken(again) and this two month warranty has expired.
My beef is this… I live in VA, isnt there a lemon law that can be applied? 3 trips to the mechanic within a 2 month timeframe seems ridiculous….. additionally, wouldnt the doctrine of prommisory estoppel come into play. I really need some advice as to how I should move forward with this.
Best answer:
Answer by ,539,684,631,121 Clinton Debt
Lemon Law in all 50 states ONLY applies to NEW vehicles or motorcycles.
However lemon law which only applies to new motorcyles states if it is attempted to be repaired for the exact same problem more than 3 times in the first 12 twelve months it could qualify for the lemon law. Or if bike is out of service more than 30 days in the first 12 months it could qualify for the lemon law. This means the first 12 of the In Service Date- or date it was sold new.
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