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Post by budster441 on Nov 6, 2012 16:57:16 GMT -5
First let me say thank you to everyone for the support.
Today 11/06/12 I received a phone call from Steve Schafer from Midwest Scooters informing me he had received my latest letter regarding a demand in payment and continued to inform me he has filed an appeal in the case.
His grounds for an appeal he stated was since the judge also found grounds to believe the scooter was a "lemon" he should have not been the one sued. That the manufacturer of the scooter should be the one who should of been sued.
Now I will admit that he is half right. If you file under the LEMON LAW it is not the seller or the manufacturer you should sue but the IMPORTER.
However, since my scooter was sold with a warranty issued by Midwest Scooters I sued under BREACH of CONTRACT.
So I will sit here in cold Indianapolis and await for my papers of the appeal to be sent or his time to appeal to expire (in case he was fibbing) and try and decide what my next scooter will be.
But until then I promise to keep those interested informed.
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Post by sledwrecker on Nov 8, 2012 7:01:38 GMT -5
I admire your persistence and I'll be watching to see how this turns out for you.
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Post by Cookees on Nov 8, 2012 23:17:43 GMT -5
Motorcycle Lemon Law in Indiana
The Indiana Lemon Law covers cars, trucks, and vans under 10,000 lbs. It does not cover conversion vans, motor homes, farm tractors or other farm machines, road building equipment, trucks tractors, road tractors, motorcycles, mopeds, snowmobiles or vehicles designed primarily for off road use.
However, if a consumer has a vehicle not covered by the Indiana Lemon Law , you may still be able to help under the Magnuson-Moss Warranty Act and other state and federal legislation.
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Post by scosgt on Dec 1, 2012 17:52:41 GMT -5
Like I said, good luck collecting.
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Post by leo on Dec 3, 2012 7:39:49 GMT -5
First let me say thank you to everyone for the support. you aren't going to get any support from me. i see the situation like this: you purchase a chinese scoot at a rock bottom price. you are standing there looking at it with visions of yamahas, suzukis, and hondas dancing through your head wondering "wow, i got a great deal !" you find to your, uh, "amazement" that things weren't quite what they seemed. so now you cry "foul". as a member of the board since 2008 you should have known the issues with chinese rides. my opinion? you are a fraud dude, a gold digger. no, i hold no sympathy for you.
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Post by markaboo929 on Dec 3, 2012 11:16:27 GMT -5
I think taking matters in your own hands/way is the only choice now...but consider your purchase a loss that the seller will regret...costing him more than he could ever know....the non-legal way.
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