Legal Question in Consumer Law in Texas

I purchased a new motorcycle from a dealer in June. The digital display has gone out for the 4th time so I will be taking it back to the dealer tomorrow. Each time I take the motorcycle back in, the service dept. calls the manufacturer for instructions on "fixing" the problem. I believe the service dept is doing what the manufacturer is telling them to do, but it obviously isn't fixing the problem. I have not received any kind of documentation or receipt when I've taken the bike in. I'm not sure of the dates of the first two breakdowns. Is the service dept required to give me the dates of service if I ask? What would be the best way to proceed if I get the bike and it goes out for a 5th time. Thanks in advance for your advice.


Asked on 10/19/10, 6:37 pm

1 Answer from Attorneys
Dan Kirby Law Office of Dan Kirby

It may fall under the Lemon Law since it is new. Ask for a history print-out. I would think that they would give that to you. As to whether you fall under the Lemon Law depends on the dates of breakdown and the mileage each time. You can Google "Lemon Law" and read the statute. If you fall into it, then you will have to make a written demand to the dealor and manufacturer for a complete refund. But there is a requirement that you file a complaint with the Texas Dept. of Motor Vehicles first and if it not resolved by them, they will give you a "right t sue" letter.

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Answered on 10/25/10, 1:51 am


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