Need some help - No 2 - My Purchase rights - I don't know them
#1
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Thread Starter
Joined: Sep 2013
Location: Currently Cheshire in UK but soon to be an Expat....
Posts: 98
Need some help - No 2 - My Purchase rights - I don't know them
Not having a great week.
After being here since May, two weeks ago I finally replaced my UK motorbike and bought a bike over here. A 2013 Ducatti M696 with 1340 miles on the clock.
On Saturday while out riding I suddenly could not change out of 2nd gear, luckily I was near the dealership so rode it back to them and left it with them.
I have heard back today that a pin has come undone in the gear mechanism within the engine block and it needs repair under original warranty (as less than 2 years old).
Now I have only had the bike less than two weeks and have done less than 150 miles on it and am very unhappy about this. They have offered me a demo bike for the 3 or 4 weeks that my bike will be off the road but I have lost confidence in the bike.
I asked them for my money back but they talked around how it was now titled to me. (Bought it for cash) and there was a dollar value involved. They may buy it back from me but I will lose some money. I am waiting for them to come back to me. I don't know what my rights are.
What would happen to the sales tax I paid on top of the purchase price?
I have also paid for a tag, would I take that away with me if I left them with the bike?
Don't know what to do for the best on this again if you could offer advice would be appreciated.
Feeling a little fed up at the moment.
After being here since May, two weeks ago I finally replaced my UK motorbike and bought a bike over here. A 2013 Ducatti M696 with 1340 miles on the clock.
On Saturday while out riding I suddenly could not change out of 2nd gear, luckily I was near the dealership so rode it back to them and left it with them.
I have heard back today that a pin has come undone in the gear mechanism within the engine block and it needs repair under original warranty (as less than 2 years old).
Now I have only had the bike less than two weeks and have done less than 150 miles on it and am very unhappy about this. They have offered me a demo bike for the 3 or 4 weeks that my bike will be off the road but I have lost confidence in the bike.
I asked them for my money back but they talked around how it was now titled to me. (Bought it for cash) and there was a dollar value involved. They may buy it back from me but I will lose some money. I am waiting for them to come back to me. I don't know what my rights are.
What would happen to the sales tax I paid on top of the purchase price?
I have also paid for a tag, would I take that away with me if I left them with the bike?
Don't know what to do for the best on this again if you could offer advice would be appreciated.
Feeling a little fed up at the moment.
#2
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Need some help - No 2 - My Purchase rights - I don't know them
I think your rights would be limited to a repair under warranty.
Not an expert though.
Not an expert though.
#3
Re: Need some help - No 2 - My Purchase rights - I don't know them
Perhaps the state lemon laws would help -- I believe you are in FL?
http://www.myfloridalegal.com/lemonlaw
http://www.myfloridalegal.com/lemonlaw
#4
Re: Need some help - No 2 - My Purchase rights - I don't know them
Basically, drop your trousers and bend over.
Once you take the bike off the lot, it's yours unless something was specified at the time of purchase. Vehicles here do not come with ANY warranty from the dealer, but you do get the remainder of the manufacturer's warranty, which it appears you have. The dealer is 'being generous' by lending you another bike.
The same is true for a car purchase. I once bought a new Beetle with a salvage title. I found out over the weekend that it hadn't been repaired properly and tried to get a refund the following Tuesday (Monday was a holiday I think). I was told not to call them again and to contact their lawyer if I wanted to communicate, so basically, I was stuck with it! Lost a lot of money on that vehicle, so I'm way more wary now!!
ETA: Lemon laws usually only apply to the first purchaser of a new vehicle and not subsequent buyers. I believe the dealer has a certain number of attempts at the same repair before it is declared a lemon and it's not, in reality, easy to do.
Once you take the bike off the lot, it's yours unless something was specified at the time of purchase. Vehicles here do not come with ANY warranty from the dealer, but you do get the remainder of the manufacturer's warranty, which it appears you have. The dealer is 'being generous' by lending you another bike.
The same is true for a car purchase. I once bought a new Beetle with a salvage title. I found out over the weekend that it hadn't been repaired properly and tried to get a refund the following Tuesday (Monday was a holiday I think). I was told not to call them again and to contact their lawyer if I wanted to communicate, so basically, I was stuck with it! Lost a lot of money on that vehicle, so I'm way more wary now!!
ETA: Lemon laws usually only apply to the first purchaser of a new vehicle and not subsequent buyers. I believe the dealer has a certain number of attempts at the same repair before it is declared a lemon and it's not, in reality, easy to do.
#5
Re: Need some help - No 2 - My Purchase rights - I don't know them
Missed the fact the bike was used!
#6
Re: Need some help - No 2 - My Purchase rights - I don't know them
Your rights will depend on your state.
Some, like MA will be half decent with lemon laws. Most will be shite though.
Tags, check your DMV.
Some, like MA will be half decent with lemon laws. Most will be shite though.
Tags, check your DMV.
#7
Re: Need some help - No 2 - My Purchase rights - I don't know them
Down my way, it depends on mileage/age of the vehicle. Dealer is meant to attempt a number of fixes before it's lemoned.
#8
Lost in BE Cyberspace
Joined: Jan 2006
Location: San Francisco
Posts: 12,865
Re: Need some help - No 2 - My Purchase rights - I don't know them
My advice to the OP is to stick with the purchase. The dealer is repairing it under warranty and loaning a bike for the time of the repair. Seems fair enough to me.
#9
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Need some help - No 2 - My Purchase rights - I don't know them
I think that "first purchaser" bit is state dependent, but I agree with the second in that a lemon is typically defined as a vehicle on which there have been a number of failed repair attempts.
My advice to the OP is to stick with the purchase. The dealer is repairing it under warranty and loaning a bike for the time of the repair. Seems fair enough to me.
My advice to the OP is to stick with the purchase. The dealer is repairing it under warranty and loaning a bike for the time of the repair. Seems fair enough to me.
#10
Re: Need some help - No 2 - My Purchase rights - I don't know them
Now I have only had the bike less than two weeks and have done less than 150 miles on it and am very unhappy about this. They have offered me a demo bike for the 3 or 4 weeks that my bike will be off the road but I have lost confidence in the bike.
One incident does not a lemon make. It's second hand. I'd whinge more about 3..4weeks for a simple repair.
One incident does not a lemon make. It's second hand. I'd whinge more about 3..4weeks for a simple repair.
#11
Re: Need some help - No 2 - My Purchase rights - I don't know them
I had injector FP issues with my Mini after buying. The dealership carried out the replacement, but it was the manufacture warranty that covered it.
#12
Re: Need some help - No 2 - My Purchase rights - I don't know them
In general, you have very few rights. The court system seems to be the accepted purchase dispute method.
#13
Forum Regular
Joined: Mar 2014
Location: Park City, UT
Posts: 88
Re: Need some help - No 2 - My Purchase rights - I don't know them
Remember you just bought a Ducati, I have a few and they all love a little dealer shop time! It definitely would not fall under the lemon law as it is one fault so far. I think you are getting great service with the dealer giving you a loaner during the repair period for a used bike.
#15
Re: Need some help - No 2 - My Purchase rights - I don't know them
Remember you just bought a Ducati, I have a few and they all love a little dealer shop time! It definitely would not fall under the lemon law as it is one fault so far. I think you are getting great service with the dealer giving you a loaner during the repair period for a used bike.