Lemon Law?

[clogan]

I have a 6-month old bike that I bought new, that has been out of service for over a month due to a pending brake recall. The recall repair cannot be done until the parts are available, but the parts are on national backorder.

I'm wondering if Lemon Laws would apply here, in that the dealer would be required to either fix the bike, provide a replacement, or buy it back.

Anybody know? I'm in Tennessee, and our state Lemon Laws do indeed cover motorcycles. I'm just not sure to what extent any remedies might be available in the case of pending recall work.

[gPink]

Tell us more about the bike and the recall.

[clogan]

It's a 2016 KTM Super Duke GT. The recall falls under a safety program, and involves the Brembo front brake. Other makes and models of bikes featuring Brembo brakes were also covered by the recall. Hence the scarcity of parts, I suspect.

[mikeyw64]

Seems fairly cut and dried based on a quick bit of Googling, that said it all depends on whether the lack of fix has rendered the bike out of service, some lawyers may (I presume) argue it can still be used and that you are choosing not to use it.


Tennessee Lemon Law 55-24-205.

 same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or authorized dealers, but such nonconformity continues to exist; or

(2) The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.

(b) The term of protection and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

(c) It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under the provisions of 55-24-203, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner’s manual or manufacturer’s warranty received by the consumer at the time of purchase of the motor vehicle, such written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward such notification to the manufacturer. If, at the time such notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.


https://www.carlemon.com/state-lemon-law-statutes/tennessee-lemon-law.html

[Rhino]

It's a 2016 KTM Super Duke GT. The recall falls under a safety program, and involves the Brembo front brake. Other makes and models of bikes featuring Brembo brakes were also covered by the recall. Hence the scarcity of parts, I suspect.

Had that very same Brembo recall done on my 2015 Ducati Multistrada. The Ducati dealer had the replacement parts in stock even before I got the official notice and had it done. A week later I got the notice in the mail.