Questions Regarding Texas Lemon Law on my new 2018 KTM 690 Enduro R

Discussion in 'Thumpers' started by bumpnthump05, Oct 28, 2019.

  1. bumpnthump05

    bumpnthump05 Adventurer

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    Good evening everyone,
    I am not here to bash or trash talk anything regarding the matter at hand,brand or dealer. I am simply looking for some good serious advice. If this may be in the wrong section, please advise where it should go so i can copy and paste my post before it is deleted.

    I am wondering if anyone has successfully filed a lemon law complaint. I was curious what was resolved in your lemon law case or what the end result was.

    Both after many and multiple calls to both the dealer and voicemails to KTM Corporate by myself (which involves sitting on hold for 5 minutes and then it kicks you to their voicemail) I have been getting dicked around this whole time and want to file for Lemon Law. I have never even been given a loaner/rental motorcycle. I have technically long fell under Texas' 30 Day Test Law which states the following:

    If your new vehicle has been out of service for repair due to a defect(s) that substantially impairs the use or market value of the vehicle due to defects covered by the warranty for a total of 30 or more days during the first 24 months or 24,000 miles, and the problem still exists. If no comparable loaner vehicle was provided to you by the dealer during this time period, you pass the test.

    I was wanting to know what you would do... Go the attorney route with the lemon law so they have to buy back the bike, File the lemon law complaint yourself, and depending on where you live who did you go with?
    I know little to nothing regarding law, attorneys and court cases. I was wondering if you could help out a fellow ADV rider with some info so i can rid myself of these re-occuring troubles of this bike, that way i can move on to something better and more reputable. Due to the fragility of this of this under-engineered part that is failing.

    I've owned this motorcycle 6 months, and out of those 6 months, it has been in the shop for two of them.


    Untitled.png
    (ADV Training Day In May 2019)

    This is gonna be long but PLEASE read.

    April 20th 2019 -
    I decided to purchase myself a brand new 2018 KTM 690 Enduro R. Its been a great bike, lots of fun. Although there were downsides for longer rides which is typical on such a bike like a hard seat. I have loved it for the time being. Everything was going good UNTIL.....

    September 7th 2019 -
    It was a Saturday, and i was running into town from the country on my motorcycle to run a couple of errands (i live in a fairly large sized city). I was riding on the interstate and not too far from my destination. I got off on the off ramp and proceeded to ride down the frontage road which was quite busy with traffic, with the anciticipation of arriving at a stop light approximately 1/4 mile down the road, i was starting to slow down and down shifting the bike. Suddenly the shift from 4th to 3rd gear didnt exist. It acted like the chain broke. No matter what i did, the bike would not engage a gear no downshift nor upshift and was stuck in neutral. Due to the quickly approaching traffic behind me, i was forced to jump a curb with the bike into a parking lot and almost lost it. Luckily i was able to save it and come to a stop in a empty parking lot.

    September 14th 2019 -
    I decided to take it to my closest KTM dealer (Approx. 70-75 miles away) for warranty service. During the week of work (i was unable to take the bike there during week due to work hours) i had been doing countless hours of research trying to find out what could have catastrophically caused my bike to stop working. It ended up being the "Shift Star" or "Shift Lock" I was stated by the dealer the repair would take approx. 2-3 weeks to complete. The manager of the service department confirmed the bike ran, as well as powered up so i could give him the mileage of the bike. See what the "shift star" looks like here:


    [​IMG]


    September 27th 2019 -
    I called to check the status of the motorcycle, I was informed by staff at the dealership that the motorcycle still had not been started repair or diagnosis yet nor parts ordered.

    October 4th 2019 -
    I called the dealership, Notate that it has been 3 weeks, I asked them what is the status of the motorcycle? I was told the problem had been diagnosed, part hasn't been ordered yet, nor has any warranty paperwork been started. They told me it should only be one more week. I was also informed that supposedly my battery was dead and wasn’t holding any charge (When i dropped the motorcycle off, It was PERFECT, started fine and fast, PLUS the manager had asked me for my mileage which I provided by turning the key on and powering the bike up)

    October 9th 2019 –
    I call the dealership to see if the motorcycle had been repaired yet. They had still not started on the repair. The part had supposedly arrived, but has not been worked on yet. I was told the repair should take another week.

    October 17th 2019 -
    I called the dealership to check status. I was told the motorcycle was on motorcycle rack being repaired when I originally called during my lunch break, was told it will be done by end of day.

    I also called KTM Corporate USA during my lunch break. I was on hold for 5 minutes and decided to leave a voicemail as the hold message said. Never received a call back.

    5:00PM that evening I receive call shortly after getting off of work from the dealership, That the new part was installed, but first time it was shifted into first, the brand new replacement part sheared off just like the original issue I brought it in for. They said KTM had put a new part on order to them. Expected the part to be there the following week and the motorcycle to be repaired within 1 week.

    October 21st 2019 - I called KTM Corporate USA once again on Monday during my lunch break. Sat on hold for 5 minutes until it transfers over to voicemail once again. Left another message. Never received a call back.

    October 25th 2019 -
    Due to being at work, I had my father call KTM Corporate USA, in which he was able to actually reach someone for once. He was told the problem would be resolved ASAP, and the employee agreed that 7 weeks for simple repair was un-called for. Their attitude didn’t seem too interested in trying to help resolve a customer problem with their product though. They seemed dis-interested, and just in a rush to get my father off the phone. My father was told I would receive a phone call back from them to further the process as soon as he got off the phone. I made sure with my boss that I was able to step away from work if I happened to receive a phone call. CALL NEVER RETURNED.

    I also called the dealership on my lunch break due to being 8 days later after saying the motorcycle would be finished in 1 week and heard no update. I was advised once again, the new part had arrived, and they were currently installing the new part. The motorcycle would be ready to be picked up by the end of the day. Also I was told that that 6 month old brand new battery had dead cell, and needed replacement due to the battery not holding a charge. (Nothing was wrong when I dropped off the motorcycle)

    Once again received a phone call at 5pm after work, I was told, the new part is installed, but it will not line up to rest of shift mechanism now. There was supposedly around a 1mm or so difference in thickness between the two shift stars. They said they had "One of America's best KTM mechanics working on it" They proceed to start asking insisting and questioning if I had ever wrecked this motorcycle or been in a accident or dropped it on the shift lever or had anyone else service or repair the motorcycle (which nothing had never been done aside from required 600 mile break in oil change). The dealer told me they were trying to communicate with KTM in Austria (instead of USA for some reason) and they would be in touch. They never gave me a time-frame.

    October 26th 2019 -
    My father called the dealership for me due to work, Trying to get an approximate date. They didn’t provide him with one, said they don’t know why the new parts aren’t working on the motorcycle. Said it will be Tuesday before they can get in contact with KTM in Austria.

    October 28th 2019 -
    Called KTM Corporate on my lunch break. Same old story... Sat on hold 5 minutes, transfers over to voicemail. Left a voicemail message. No call returned yet.

    Called Dealership after work... Went straight to voicemail. Must be closed on Mondays.

    UPDATE:
    October 29th 2019 - TODAY
    My father called the dealership for me while I was at work to check up on the motorcycle, This time the dealer seemed more pleasant, but stated their mechanic was wanting to “pull his hair out” on this situation due to the mechanic not knowing why nothing was going back together or lining up correctly. They told my father that they were having an incredibly hard time getting a hold of KTM USA as well to find out what they are to do in the next step in warranty repair. My father asked what the next step was, if it was motor replacement or what the process may end up being, and the service manager said that motor replacement is a probability to resolving this issue.

    My father also attempted calling KTM once again after getting off the phone with the dealership, and was able to get ahold of someone at KTM corporate. A lady had answered the line (keeping the name & extension private). She told my father that she had spoken with me on October 22nd 2019 which is a blatant lie, I never spoke with anyone from KTM corporate. He was told that she would be calling me shortly after getting off the phone with him to help resolve this issue. At this time, i have NOT recieved a call.
    #1
  2. braindead0

    braindead0 Head Fisherman

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    Asking the question gives you the answer, call an attorney. It'll be cheaper in the long run.
    #2
  3. Grreatdog

    Grreatdog Long timer Supporter

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    Our state AG's office for consumer affairs handles these situations. You might want to see if your state has something similar before spending money on a lawyer.

    What might not help your case are the calls. Maryland requires notifying the dealer and manufacturer in writing to start the lemon law clock and/or countdown.
    #3
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  4. Lewilewi

    Lewilewi Ride it like you stole it......

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    At least name and shame the dealer, this is appealing,

    Saying that I waited 10 weeks for braked discs under warranty, that were proberbly on the shelf any way.. I'm in uk


    Ktm are great bikes, they need to sort the warranty customer service side of things out tho
    #4
  5. Bitingdog

    Bitingdog That's not my dog

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    Some jurisdictions don't include motorcycles in their "Lemon Laws". This doesn't mean that you don't have grounds to sue the dealership, service personnel (personally), and the manufacturer. Even if there is a "Lemon Law" in effect, you should still have a reputable attorney with experience in consumer law navigate the process. The manufacturers and dealerships don't simply drop their pants and write you a check. They need to be forced to do so, and there'll be plenty of kicking and screaming.


    *AFAIK there is no endemic problem with KTM 690 shift stars. These bikes do require very deliberate shifts to avoid false neutrals, but this isn't a reliability issue.
    #5
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  6. Yinzer Moto

    Yinzer Moto Sloppy 300 rider Supporter

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    What is the warranty on the 690? With the dirtbikes it is 30 days, consider yourself lucky that they are fixing it. The amount of time sucks but I believe that is more to do with the dealership than KTM themselves. I don’t think the lemon law applies to motorcycles.
    #6
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  7. Yinzer Moto

    Yinzer Moto Sloppy 300 rider Supporter

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    Before it is too late to see them side by side, get a pic of the two shift stars next to each other. I find it interesting that they are different.
    #7
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  8. bumpnthump05

    bumpnthump05 Adventurer

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    The 690 comes with a 1 year manufacturer warranty. I also had purchased a 4 year extended warranty. But the bike is only 6 months old. In Texas motorcycles are able to be lemon law.

    Capture+_2019-10-29-06-58-32.png

    But unfortunately this dealership is over 70 miles away from me and they close shortly after I get off of work. So there's no way for me to go look at the stars in person. The only day I'm able to go towards the dealership is on Saturdays.
    #8
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  9. Yinzer Moto

    Yinzer Moto Sloppy 300 rider Supporter

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    Have you told them that the wait time is unacceptable. Demand a loaner bike or a whole new bike?
    #9
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  10. dragos

    dragos Master of disaster.

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    That particular piece changed in the new generation (2019+). Maybe they got the different version?
    #10
  11. timeOday

    timeOday Long timer

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    I am not sure whether this even matters legally but is the dealership you took it to have it fixed the same place where you bought it?
    #11
  12. zxrider11

    zxrider11 Been here awhile

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    Sorry to hear your struggle, I went through the same process with my 2012 KTM690. The local KTM dealers are clueless and do not want to help. The whole KTM warranty is a joke. My engine lost all compression, had an independent mechanic trouble shoot the bike and he found a broken valve spring.
    #12
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  13. bumpnthump05

    bumpnthump05 Adventurer

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    Oh trust me ive made sure they know that im not happy about the situation. They havent given me a loaner, even tho i have mentioned it. I cant exactly request a new motorcycle due to this dealership is not the same one i purchased it from as i have moved in the last 3 months.
    #13
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  14. bumpnthump05

    bumpnthump05 Adventurer

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    It doesnt matter legally due to all ktm dealerships having a license to sell KTM they have to uphold a company's policy and warranty service regardless of where it is or where it was purchased. But it is a different dealership as i have moved in the last 3 months.
    #14
  15. valvecrusher

    valvecrusher tractus pro pensio™

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    I had a successful lemon law result in TX.

    Same situation, in first 30 days, car was in shop for 20+ of them...(dont remember clearly)

    It went multiple times for the SAME problem, over two months....issue never was fixed.

    After being dismissed, and run around by multiple agents of the dealerships,
    (once, they merely offered to take my car as a 'trade in' to 'get me something more in my range'(that comment got me pissed),
    I sent a certified letter to the dealer who 'attempted' to perform repair,
    claiming i was abandoning the car, and claiming TX lemon law.(they physically had car, so they could not refuse it, yet iirc they tried)

    I had a rental car by lunchtime following postal delivery, and the car was fixed in three more days...with a dozen free oil changes, and car washes...

    (I am not an attorney, not giving legal advice, and past results do not indicate validity or success)
    ..


    When you stop being in love, and look at the situation, and commit to making decisions on circumstance instead of 'wants' or 'love', and decide to fight for your money,
    they normally stop fronting, because it is cheaper for them to fix, than to replace,
    and then have a Lemon Judgement on ANY vehicle, especially NEW ones.
    .
    A Lemon Law is worse than a Salvage Title, imho.



    That dealer is not actually repairing your bike, they are simply wasting your time.

    Multiple shift stars breaking? Bulllllllllll-siht!

    .02
    .
    #15
  16. Zuber

    Zuber Zoob Supporter

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    There are two shift stars, one for the smaller dirt bikes and one that covers bigger dirtbikes and the 690. Sounds like the dealer ordered or just got the wrong one.

    These parts will now be the only one available for ALL KTM's. The old shift star has been updated to these investment cast parts. So, if you want a new shift star for your 2009 690, or 2004 450 exc this is what you will get.

    This part is becoming a problem on all new KTM's. Esp. on the race bikes that get dropped much more often. When something like this crops up with KTM, it takes a while for the Corp. to come up with a resolution. I suspect they are in the middle of a fix right now. Takes a while to re-re-design a part, test it, send it out to be mfg'd and then get it in distribution.

    +1 on contacting your state attorney general's office. They are there for just this type of issue.

    I'm guessing the dealer is a multi-line large dealer? KTM always gets the dirty end of the stick with these type dealers.
    #16
  17. timeOday

    timeOday Long timer

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    The sucky dealerships out there need to up their game. The days of mail-ordering a new motorcycle to your driveway in a crate are upon us. Not KTM's or Kawazukihondaha I suppose but still.
    #17
  18. bumpnthump05

    bumpnthump05 Adventurer

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    UPDATE:
    October 29th 2019 - TODAY
    My father called the dealership for me while I was at work to check up on the motorcycle, This time the dealer seemed more pleasant, but stated their mechanic was wanting to “pull his hair out” on this situation due to the mechanic not knowing why nothing was going back together or lining up correctly. They told my father that they were having an incredibly hard time getting a hold of KTM USA as well to find out what they are to do in the next step in warranty repair. My father asked what the next step was, if it was motor replacement or what the process may end up being, and the service manager said that motor replacement is a probability to resolving this issue.

    My father also attempted calling KTM once again after getting off the phone with the dealership, and was able to get ahold of someone at KTM corporate. A lady had answered the line (keeping the name & extension private). She told my father that she had spoken with me on October 22nd 2019 which is a blatant lie, I never spoke with anyone from KTM corporate. He was told that she would be calling me shortly after getting off the phone with him to help resolve this issue. At this time, i have NOT recieved a call.
    #18
  19. Grreatdog

    Grreatdog Long timer Supporter

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    #19
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  20. bumpnthump05

    bumpnthump05 Adventurer

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    Well my issue is, After talking on the phone with an attorney, He stated since the bike broke down (I had only been moved back for 1 week at this time) and was put in a shop before i transferred the registration over to Texas, I would have to file a suit in Illinois even though the bike is in Texas and i'm a Texas resident. So i have to follow up with that route now.
    #20
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