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Old 04-07-2012, 07:50 PM   #361
ADVBMR
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Ferenc-

Pal, buddy, amigo, let me save you from the devil and damnation. You don't have a legal case to sue. Lots of lawyers will take take your money to represent you. Those that don't are the honest ones you should listen to. Sure, everybody knocks CA as the land of a bunch of nutcakes and goofy rules, and maybe the laws there are really different. But I doubt it. And many states have loser pays rules. So you could shell out 10 grand for a lawyer, lose, and end up paying for BMW's lawyers. I don't know about you, but that would give me a serious case of the ass.

Now I don't know anything about California's consumer protection laws, and I am not in a position to give you legal advice, but I tend to look at things with a certain practicality, and I surely didn't go to law school for nothing. So please, please, please sell the bike and save yourself a lot of grief!
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Old 04-07-2012, 08:32 PM   #362
EmanP
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Why not? The capacity is 25% off and the mpg are no where near whet they posted. Honda just settled because of their fasle mpg claims.
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Old 04-08-2012, 02:16 AM   #363
ADVBMR
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Quote:
Originally Posted by EmanP View Post
Why not? The capacity is 25% off and the mpg are no where near whet they posted. Honda just settled because of their fasle mpg claims.
I'd be the first person to say I'm wrong. But what will you get?
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Old 04-08-2012, 06:53 AM   #364
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Quote:
Originally Posted by ADVBMR View Post
I'd be the first person to say I'm wrong. But what will you get?
I can't answer that question but it does seem likely that if a lawyer, or team of attorneys would be convinced this case would probably provide money in their pocket, then they would be all too anxious to take the case.




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Old 04-08-2012, 11:14 AM   #365
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Personally, I would want them to list honest information on the site and elsewhere since decisions are considered based on those figures.
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Old 04-08-2012, 11:47 AM   #366
ADVBMR
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I can't answer that question but it does seem likely that if a lawyer, or team of attorneys would be convinced this case would probably provide money in their pocket, then they would be all too anxious to take the case.
That was my point. Lots of lawyers will take a 5-10 grand retainer to try to shake some money out of BMW, but a lawsuit that goes to trial will cost 50-100 grand. That comes out of the client's pocket. Maybe you're thinking there is a class action suit here, if you're talking about a team of lawyers. Do you think BMW willingly misled consumers with the MPG claims? Generally, to prove fraud you need to claim and prove intentional conduct.

I would be happy if the snow would just melt and I could ride, even if I only got 10 mpg. We broke the all-time snow record yesterday.
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Old 04-08-2012, 12:09 PM   #367
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All this talk about mpg is depressing. Thought I'd post some pics of the good things about the bike.

Meet "der Wanderfalke." It lierally translates to wandering falcon, also known as a Peregrine falcon.



To me, they're crash bars, to the dealer they're "engine protection bars."



Sure, you can carry a piece of wood in your pocket, or a crushed beer can. Or you can put a footprint enlarger on.



The first thing I add is a set of risers.



I really like the machining of the Throttlemeisters. Added the heavy ones to dampen the vibes. Has a throttle lock but I rarely use except on long rides (on my GS, that is).



Rocks will make a mess of the radiator, so I put on a Wunderlich guard.



A mudsling to keep the underbelly and shock a little cleaner.



I'm really big on being seen, so I am trying ADVmonster LEDs for conspicuity.



I like handguards, especially on rainy days.



Got to have a plate. Hyperlites are a must on my bikes.



Add Z-technik windscreen, and paint the panels silver and voila, it's a winner!

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Old 04-08-2012, 12:45 PM   #368
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In case anyone is wondering, I've got fuel efficiency figures available for my bike and the 7800 kms it's been ridden since I got it last August.

I've done about 30 fill ups and have gotten anywhere from 3.7 l per 100 km to 5.5 l per 100 km. I tend to average 4.5 or 5 based on when and how I ride. The lowest figures come from touring in the country with my Dad (who rides more conservatively) and the high figures come from city riding or from just hammering it on my own at super-legal speeds, hehe.

I used to get lower but similar figures from my Hyosung GT250R, though I did have to ride that harder then the F8R.

I also tend to get between 200 and 250 km before filling up (most of the time just before the warning light comes on).
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Old 04-08-2012, 12:52 PM   #369
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Great post ADVBMR, and great looking bike. Where did you get that rear mudslinger? I have been keeping an eye out for one but have only seen the carbon fiber ones, I am not a carbon fiber kinda guy.


My mileage rocks, I think 50 MPG out of an engine with only 500 miles on it is fantastic. The website says 65 MPG at a constant 55 MPH, anybody actually try it for a tank? I havent and wont.
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Old 04-08-2012, 02:17 PM   #370
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The mudsling came from Wunderlich. Same with the radiator guard, crash bars, handguards, and mirror extenders. I didn't see the mirror extenders or handguards on their US site at first so I ordered them from Nippy Norman's. Probably paid a crapload more for them to be shipped from England. Once I get her broken in, and get my GS back on the road, I'm sending the seat out for a gel insert and leather cover.
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Old 04-08-2012, 06:49 PM   #371
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Quote:
Originally Posted by ADVBMR View Post
That was my point. Lots of lawyers will take a 5-10 grand retainer to try to shake some money out of BMW, but a lawsuit that goes to trial will cost 50-100 grand. That comes out of the client's pocket. Maybe you're thinking there is a class action suit here, if you're talking about a team of lawyers. Do you think BMW willingly misled consumers with the MPG claims? Generally, to prove fraud you need to claim and prove intentional conduct.

I would be happy if the snow would just melt and I could ride, even if I only got 10 mpg. We broke the all-time snow record yesterday.
I'd venture to say that his attorney is thinking that a potential lawsuit being granted class action status is a distinct possibility. Or the attorney is hungry. As far proving it was intentional on the part of BMW, I believe that much of that has gone by the wayside. Obviously it can vary from to state to state and to federal interpretation, but my understanding is they can still be held liable even if they "mistakenly" misrepresented the capabilities of the bike.

I have been looking very closely at the F800R for some time now. I will be buying a new bike in May or June. I really like it and think with a little work like risers and lowering the pegs it would work for me. However... Last week a co-worker who bought one last fall suffered a "catastrophic engine failure". Only 3k miles on the clock. He had to trailer it 140 miles to the nearest dealer. So... I'm passing on the F800R, not necessarily for the engine failure, just the fact that if anything were to happen I am better than a 2 hour drive to get any warranty claims taken care of. FWIW, he said he is very happy with the service they are providing. I'd give more info if I could, but I only see this guy one day a week at work, if that.
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Old 04-08-2012, 06:53 PM   #372
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Thanks for the note on that engine failure, I wonder would it could be.
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Old 04-08-2012, 07:38 PM   #373
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Thanks for the tip on the rear hugger, I bought a couple things from Wunderlich, (including that same radiator guard) but dont remember seeing it there.
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Old 04-08-2012, 08:38 PM   #374
ADVBMR
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Here you go. Wunderlich calls it a splash guard. I bought one for an F650GS last year - I forget the name of the company now, but they called it a mudsling.

http://www.wunderlichamerica.com/mot...R/8160504.html
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Old 04-08-2012, 11:57 PM   #375
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So they say it's to protect your shock absorber, but really, why would you need to do that? It's just dirt and it's not like what it's protecting is made out of paper.
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