Lemon Law Education on my 848

S

Swift

New member
Hey guys just a heads up regarding the lemon law...hopefully by me posting this it may help someone in a similar situation as myself...

Long story short my bike stalled straight away...an obvious safety hazard when it occurs at lights, being hit from behind...even after the 1st attempt by the dealer it persisted...knowing that the Termis/RACE ECU often fixed the problem I went ahead with it...next up the clutch would not properly engage...it was adjusted and it still had issues...wnet back in to have the clutch spring fix done under warranty...now the radiator has sprung a leak...all this in under 5 months and my bike will have been down for almost a month of it...so being curious what rights I had, I went ahead and seeked legal consultation...

The attorney stated that if I had been persistent with the stalling issues I would have had a case...but instead by opting for the recommended Termis/RACE ECU I negated any arguement since the issue no longer exists...

I love my bike and I opted for the more expensive route versus a Japanese bike in hopes of getting something different...I love the way it rides and turns but I am tired of the downtime...any justification to it being a Duc is not really an excuse...we pay good money for product and it should be fairly trouble free...poop happens but I feel that my current ownership and subsequent downtime has been too excessive for my taste...

My point and this is for all brands...get everything in writing...when you take it in demand that paperwork be started and you are given a copy for your records...dispute the time in and time out in the unfortunate event that something bad happens in the future...regardless of your 'friendships' with the dealer they should understand your request and be happy to take that extra step for you...
 
Off the bat how many times did your bike stall (how many miles did you have on it)? When you had the termis installed, how many miles did you have? I'm assuming your bike no longer stalls due to installing the termis?
 
Having used the lemon law on a bogus cage, the atty. is right. Any effect the mfgr. can prove affected the problem exonerates the mfgr. Not any mod, but any mod that directly affects the problem. The ECU does, and is not street legal in the first place.

That said, Ducati gets away with murder by delivering their superbikes to street markets in what is essentially non runnable condition. Don't get me wrong, I love my 1198s, not quite perfect low end and all. But, we shouldn't be giving them a pass, me included. We should be making them produce a bike that idles & fuels like a H*nda. Honestly that stalling is a safety issue that should be brough to NHTSA attention.
 
I have to admit I wasn't aware I was going to have to spend another $4k on a ECU reflash, full exhaust, etc to make my 1198 acceptable for driving around at lower RPMs. Man this was by far the worst bike for city riding as it comes stock. You would think $22K would buy a damn near perfect bike, but evidently not. It's much better now that I put on the exhaust, slipper clutch, top triple, etc etc etc but for all the money I had dumped into this bike I should have just got the 1098r Bayliss like I wanted but thought was too much money. No major issues yet other than the shitty fueling, just waiting for a radiator leak or a gas tank to bubble though. I hate feeling that way. Still I love the bike, but your points are valid.
 
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