Legal Question - Lemon Law « Thread Started on Jul 3, 2012, 12:56pm »
I have a 150cc scooter I purchased, and it has been in the shop more than in my garage. It has been titled, registered, plated and insured, and I am wondering if in the state of Indiana if a scooter can fall under the LEMON LAW as a automobile. The dealer so far has been honoring the warranty, but it seems that when it comes out of the shop for one thing being repaired, it has to go back in for something worse. Thanks in advance for any help.
Re: Legal Question - Lemon Law « Reply #1 on Jul 3, 2012, 3:36pm »
Never heard of a lemon law on scoots, BUT, if you can explain what is happening to the scoot we may be able to get it running better than the shop can(provided your willing to get your hands a little dirty). Most shops do not have good enough mechanics to fix things right and they usually tear them down and forget to tighten things back up again, let alone fix them right. Wile
Re: Legal Question - Lemon Law « Reply #3 on Jul 3, 2012, 10:12pm »
kev', I'm guessing you're looking at this part?
Indiana Lemon Law IC 24-5-13-5
As used in this chapter, "motor vehicle" or "vehicle" means any self-propelled vehicle that:
(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;
(2) is sold to:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include ... MOTORCYCLES, MODEDS, (my emphasis) snowmobiles, or vehicles designed primarily for off road use. ***** The key phrase there is "designed primarily for off road use". I'm guessing budster's scooter is indeed "intended primarily for use and operation on public highways" meaning it should be covered.
Bud, I'd talk to the dealer first. Point out how many issues you and they have had with this particular scooter. Ask him to trade it for a new one, same model etc. If he won't go for that, then call up your DA and check whether or not your scooter is covered by IN's Lemon Law. If so, then tell your dealer that you're declaring this scooter a lemon. If he still refuses, you can sic the DA on him. But I'd only do that as a last resort, since it sounds like he really is being legit and trying to make good and all. I'm guessing he'll go for the trade straight-up offer.
As used in this chapter, "motor vehicle" or "vehicle" means any self-propelled vehicle that:
(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;
(2) is sold to:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include ... MOTORCYCLES, MODEDS, (my emphasis) snowmobiles, or vehicles designed primarily for off road use. ***** The key phrase there is "designed primarily for off road use". I'm guessing budster's scooter is indeed "intended primarily for use and operation on public highways" meaning it should be covered.
Bud, I'd talk to the dealer first. Point out how many issues you and they have had with this particular scooter. Ask him to trade it for a new one, same model etc. If he won't go for that, then call up your DA and check whether or not your scooter is covered by IN's Lemon Law. If so, then tell your dealer that you're declaring this scooter a lemon. If he still refuses, you can sic the DA on him. But I'd only do that as a last resort, since it sounds like he really is being legit and trying to make good and all. I'm guessing he'll go for the trade straight-up offer.
>'Kat
Ma'am, the law excludes motorcycles, mopeds OR vehicles intended for off-road use.
All of those are grouped under the category "powersports" - which apparently is not covered under this Lemon Law.
There are important differences in law between scoots and cars. For example, financing...a car dealer cannot accept more than ten percent of payment off a credit card. But you can charge a Harley to your MasterCard, if your limit allows.
The dealer can keep a deposit. With a car sale, that's a no-no, if the buyer backs out. With a bike (or ATV or snomobile) it's the dealer's choice.
I'd say he's out of luck. Folks here can help him.
I'm not unsympathetic. My Xingyue scoot has a rod knocking. I could spend two years of spare time tearing it down; but since it's allegedly under warranty, why SHOULD I?
Re: Legal Question - Lemon Law « Reply #5 on Jul 3, 2012, 11:24pm »
Thanks for your response guys. I did purchase the scoot as a primary source vehicle for myself, and it is used only on public highways, not off road, and since it is a 150cc bike Indiana law requires it to be licensed, registered and insured unlike a 50cc that requires nothing.
Re: Legal Question - Lemon Law « Reply #6 on Jul 4, 2012, 12:13am »
Budster, Give it a try go to the DMV and see if anything can be done. They may even help and call the dealer and maybe that will put a little scare on them and be enough for them to fix it. But other than that it will probably cost you more than the scoot if you get legal help. Wile
Re: Legal Question - Lemon Law « Reply #8 on Jul 4, 2012, 10:10pm »
Passing, you're reading each listed vehicle as a separate item; I'm reading each as an elaboration leading to "off-road use" vehicles. So who's to say which of us is right? Either the IN DMV or the DA's office.
Kev' hon', no problem. I'm just massively detail-oriented on this kind of stuff. |‹*
Bud', I still say talk to your dealer first, since he IS being cooperative about fixing all the issues thus far. I believe in returning nice with nice. But if he doesn't go for lemoning out your scoot, then check with the DMV or the DA.
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