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What state are you in? You need to find an attorney you paid for.

There are many steps available to you.
1. Mediation
2. Arbitration
3. Court action
Notice that NOT one of those steps above is "rolling over" as your "friend" suggests".

Don't want to hire competent legal counsel. Take your bike, with a giant sign stating your plight with this dealership/BMW, and park your a*s just off of their property, with a cooler full of water/snacks, and sit and wave at people encouraging potential customers to stop and talk with you. Many ways to skin a cat my friend and most of them will cause you great inconvenience.
 

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Cut off half of my reply.

Another avenue: Trade it in. Wait a month or two. Take your bike to at least two BMW dealerships looking to "trade-up". See what they offer you for your bike. Try not to let them get a look at your VIN. Take it back to the offending dealer and get the trade in value from them. If it is off from the others, you know, they know, your bike is effed. Alternatively, trade it in at a non-BMW shop. Also, you could go private party, not saying it's right, just an alternative.

And it continues... Just ride the bike trying to break everything on it and have BMW warranty repair your bike for three years.

Choices are there. Just have to make one my friend. So sorry to hear about this. As a brand new to the brand customer, and the already lackluster interaction with my dealer, I'm not certain I made a wise choice with this bike. But hey, I look cool with my BMW roundels on the bike, right? Lol!!! Sarcasm off.
 

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Just got a phone call by a friend (ATTORNEY) and the advice is:
1- The BMW Rep says the bike is good to go...
2- The the bike is good to go, and an attorney will not be able to do anything.
3- There is no lemon law to be applied on this case.
4- Dealership says it is good and attorney will not be able to do anything against the dealership, or in special against BMW - WE WILL LOOSE regardless
Genuine question for those suggesting going legal on this: What is the cause of action, and what damage would be the basis of the claim?

I accept that US litigation may be different to litigation in the UK, but surely (like in the UK) you would need to establish damage suffered? If the dealer & BMW NA are saying the bike is fixed, then other than loss of use for a relatively short period, what material damage has been suffered?
 

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Genuine question for those suggesting going legal on this: What is the cause of action, and what damage would be the basis of the claim?

I accept that US litigation may be different to litigation in the UK, but surely (like in the UK) you would need to establish damage suffered? If the dealer & BMW NA are saying the bike is fixed, then other than loss of use for a relatively short period, what material damage has been suffered?
Diminished value maybe. This isn't a vehicle that has lost much value due to time/miles. His bike is essentially a brand new bike.
If this were me, I'd hire my own "expert" mechanic, who can back up with credentials, his findings on an inspection report.
I know I keep harping on get counsel, but you actually reminded me that something has to occur first. The OP would need to get a report/inspection showing what BMW failed to do or did incorrectly.

All in all, I know I can be the fire-breathing, kill em' all let God sort them out type. But here, the OP probably just needs to find a way to get this bike off his books and on to another adventure. I'd be doing my best to stick the dealer, or another dealer, with this bike. OR set it on fire in a field. Live in, or near, a bad neighborhood? Just inadvertently "drop" your fob near your parked bike, go shopping over at the nearest liquor store, come back in 30 minutes or so. It'll be gone. I grew up in Detroit, MI, I know how these things work themselves out:) Just kidding, just a joke! Or is it? Lol......
 

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If it were me, I’d take the (albeit, tarnished) motorcycle back and just ride it the two years you planned on keeping it anyways. Then sell it with a year remainder of factory warranty left (which some buyers find value in buying a motorcycle with a warranty, if even a partial one), and move on. Personally, it’s not worth the fight. The sooner I got the motorcycle back, and can enjoy it, the better. Just one opinion.
 

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If it were me, I’d take the (albeit, tarnished) motorcycle back and just ride it the two years you planned on keeping it anyways. Then sell it with a year remainder of factory warranty left (which some buyers find value in buying a motorcycle with a warranty, if even a partial one), and move on. Personally, it’s not worth the fight. The sooner I got the motorcycle back, and can enjoy it, the better. Just one opinion.
This seems reasonable. You are letting BMW off the hook, but no one really cares about accountability anymore. But do try to trade it back in to the offending dealer. Let them deal with it when you are finished with it.
 

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I don't believe there are any legal grounds for an action. BMW rep and the dealership say the bike is repaired. Lemon laws usually require multiple attempted fixes for the same issue without a satisfactory repair or loss of use for a set length of time while the dealership works to complete repair but is unable to. It appears neither of these has taken place. Yes, I get that @Brazeagle has an AWFUL taste in his mouth and a hard on for the bike, the dealership, and BMW. Mechanical things break sometimes. That's why things come with a warranty. If BMW will extend the warranty, good on them. If not, there's STILL 2 YEARS and 11 MONTHS of warranty time left. No way I would advise an owner to abuse the bike. Evidence of that would likely void the warranty. Ride it, use it for its intended purpose, enjoy it if you can. If it breaks, they HAVE to fix it. If they refuse, then legal action is warranted and necessary.

I'm not an attorney and I didn't sleep in a Holiday Inn Express last night.
 

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I don't believe there are any legal grounds for an action. BMW rep and the dealership say the bike is repaired. Lemon laws usually require multiple attempted fixes for the same issue without a satisfactory repair or loss of use for a set length of time while the dealership works to complete repair but is unable to. It appears neither of these has taken place. Yes, I get that @Brazeagle has an AWFUL taste in his mouth and a hard on for the bike, the dealership, and BMW. Mechanical things break sometimes. That's why things come with a warranty. If BMW will extend the warranty, good on them. If not, there's STILL 2 YEARS and 11 MONTHS of warranty time left. No way I would advise an owner to abuse the bike. Evidence of that would likely void the warranty. Ride it, use it for its intended purpose, enjoy it if you can. If it breaks, they HAVE to fix it. If they refuse, then legal action is warranted and necessary.

I'm not an attorney and I didn't sleep in a Holiday Inn Express last night.
I don't think anyone, me specifically, is suggesting he "abuse" the bike above it's designed limits. But I would be riding that bike like I was a test rider for a new bike design and pushing the limits on it. Make BMW pay one way or the other to some extent.
 

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This seems reasonable. You are letting BMW off the hook, but no one really cares about accountability anymore. But do try to trade it back in to the offending dealer. Let them deal with it when you are finished with it.
Actually, the OP is being reasonable given the situation. I've said many times here that jumping into the legal cesspool would be a very bad idea (up to this point), and he's now had real Lawyers confirm this inconvenient truth. @st13phil and @Lee510 provided great input that I'm not going to repeat. There is process and applicable law that defines what can and can't be done. Emotion only gets you in trouble when you allow it to control your actions.

I'm going to ask a stupid question. Is is possible the knock is gone now that they've put the bike back together? That's their claim, but if it isn't true, you have every right to take it back (possibly to a different dealer) to get it checked again. If you truly want a legal remedy, do that. If possible, find a way to record the knock. That seems to be the clincher for you here. If it's there and they again fail to repair it, you'll probably have met the requirements for a lemon law case. Don't give up.
 

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Someone recommended he "ride it like he stole it". I would have to go back through the thread to find it. Not enough interest to do that. Parking it in a "bad section" of town and "dropping the key fob" probably wasn't good advice either. Insurance companies usually want you to have the key in your possession in the event of a stolen report. In NC, leaving the key in a vehicle means they won't pay off. I'm not sure what would happen in the event of a lost key and the vehicle's missing.
 

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You are letting BMW off the hook, but no one really cares about accountability anymore. But do try to trade it back in to the offending dealer. Let them deal with it when you are finished with it.
Again, just my personal opinion, but I’d let someone else ‘fall on their sword’ on this. Me personally, I don’t have the time, patience, and luxury for a lengthy legal battle.

And yeah, if there were some way I could trade in the bike to the same dealership, and get the same amount that I’d get from any other dealership, I’d do that. :)
 

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I mentioned previously trying to record the knock. In my new BMW 335i car, I experienced annoying rattles after taking delivery. It never seemed to act up when I took it in for diagnosis the way it did when I drove it alone. I was finally able to use my iPhone to record some of what was going on. Those recording kept them on the hook for fixing the underlying problems, which were actually quite difficult to isolate.

I know it's a completely different game trying to do the same on a motorcycle. You might have to invest in a more sophisticated setup. But it might be worth the effort if you can pull it off.
 

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Discussion Starter · #153 ·
This seems reasonable. You are letting BMW off the hook, but no one really cares about accountability anymore. But do try to trade it back in to the offending dealer. Let them deal with it when you are finished with it.
Thanks, I did follow your advice and already communicated my intention to one of the owners of the dealership.
He mentioned IT MAY BE POSSIBLE and will call me back later today! FINGERS CROSSED...
It looks like this is coming to an end !
Cheers
 

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Discussion Starter · #154 ·
Actually, the OP is being reasonable given the situation. I've said many times here that jumping into the legal cesspool would be a very bad idea (up to this point), and he's now had real Lawyers confirm this inconvenient truth. @st13phil and @Lee510 provided great input that I'm not going to repeat. There is process and applicable law that defines what can and can't be done. Emotion only gets you in trouble when you allow it to control your actions.

I'm going to ask a stupid question. Is is possible the knock is gone now that they've put the bike back together? That's their claim, but if it isn't true, you have every right to take it back (possibly to a different dealer) to get it checked again. If you truly want a legal remedy, do that. If possible, find a way to record the knock. That seems to be the clincher for you here. If it's there and they again fail to repair it, you'll probably have met the requirements for a lemon law case. Don't give up.
It appears there is no "lemon law" in the state of NY
 

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Another member of the peanut gallery here with absolutely no legal expertise, and never involved in legal action. Been following with interest.

Ride it like you stole it and let the chips fall where they may. I'd consider selling or trading at the end of the warranty period. But I know my life is too short for the bullshit.
 

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Someone recommended he "ride it like he stole it". I would have to go back through the thread to find it. Not enough interest to do that. Parking it in a "bad section" of town and "dropping the key fob" probably wasn't good advice either. Insurance companies usually want you to have the key in your possession in the event of a stolen report. In NC, leaving the key in a vehicle means they won't pay off. I'm not sure what would happen in the event of a lost key and the vehicle's missing.
Do you not understand sarcasm?
 

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Really?


Also, have you taken possession back, and if so, do you still hear the knock?
That's exactly why I said he needs to HIRE competent legal counsel, not shoot the sh*t with his friend "who's an attorney".
 
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