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Buell Forum » 1125R Superbike Board » Archives 001 » Archive through November 17, 2009 » Filing Suit with Harley! » Archive through November 09, 2009 « Previous Next »

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Carter
Posted on Sunday, November 08, 2009 - 04:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Im filing a suit in small claims court tomorrow morning. I spoke with a Harley Rep in person on Thursday and he was ZERO help what so ever. I drive an 09 1125cr and I have had every problem except the turn signal issue.
The problems I have had are as follows,

1. Fuel pump error code, excessive fuel from over flow tube, and poor fuel economy.

2. Clutch weep leak

3. Ghost neutrals in the higher gears

4. Service now code randomly comes on

5. Front caliper locked up

Since Harley is offering zero help and the dealership is friendly but helps very little, I have no other choice but to file with my local court house. They are currently in violation of FL statutes Ch.681.111

I am looking to get as many of us on board as possible. We don't have to let this happen any more! Its time to stand up for whats right, whats fair, stand up for what we paid for! I dont know about you but I didn't buy a Buell to have it live in the shop or in my garage waiting on parts! Stand up and fight with me! Email me @ buellr6@hotmail.com if your with me.
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Moosestang
Posted on Sunday, November 08, 2009 - 05:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Are you sure you qualify under the lemon law? I have the same bike, but have not experienced the clutch cover leak. Did Gainesville hd not try and fix it? I have experienced a few false neutrals, but with only 600 miles on the bike it's too early to tell if it's a problem. My fuel line vent has stopped leaking for some reason. Has your bike been flashed with the 141 or 152 flashes?

How many miles are on your bike?
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Ratbuell
Posted on Sunday, November 08, 2009 - 05:22 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

...and how many times has a fix been attempted?

1. probably can be handled by either a new fuel pump, or new pressure regulator, or both

2. new cover and diaphragm, a known issue

3. likely will be helped by the fix for 2, or a simple adjustment to the shift toepeg. When mine was in the "wrong place" for my foot - used to my XB and tubers - I was missing a lot of shifts. Adjusted it to "fit" my size 13...no more problems. Seriously.

4. cluster replacement is not unheard of

5. have you changed to high bars, with a new brakeline? First time I've heard of a ZTL2 "locking up"...more info?

Of course, if you'd rather be alarmist, go for it...and best of luck to you.
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Carter
Posted on Sunday, November 08, 2009 - 05:27 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

8900 miles and the fuel is still flowing! I have taken it to Gainesville Harley and to Ocala Harley and neither of the two were able to offer me any solution other then to tell me to try to keep from overfilling when im at the gas station. LMFAO! I have been riding for 24 years and have been filling bikes for 24 years and have never had a problem with refilling before! Ocala Harley did offer a "California Catch Can" witch seems to me like putting a band-aid on a bullet hole. I will not sit back and ("deal" like everyone else seams to be doing) any more!
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Ratbuell
Posted on Sunday, November 08, 2009 - 05:34 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

...so there's a story on *one* item in the list....
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Carter
Posted on Sunday, November 08, 2009 - 05:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Alarmist?! As I stated earlier I did not buy a brand new bike to have it sit in the shop or in my garage! If it was just my bike that was having problems I would try to "deal", but almost every 08 and up 1125r and cr have MAJOR problems! You can sit back and take it in the face but im not.
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Ratbuell
Posted on Sunday, November 08, 2009 - 05:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

OK, so find me one that *hasn't* been fixed or is in the process of being fixed.

Lawsuits are for times when companies *refuse* to fix issues or address problems, not for when you want to whine to someone with "more power" than you have.

Call customer service. BE CIVIL. See what happens.
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Carter
Posted on Sunday, November 08, 2009 - 05:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Did you read my first post rat? I did speak with harley, in person!He did "*refuse*" He was a Customer Service Rep, from Haley. Just cause you dont mind being punked dont try and push your soft believes on the people who refuse to take there shit!
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Ron_luning
Posted on Sunday, November 08, 2009 - 05:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Did your front brake lock up while the bike was in motion? What are some of the details (i.e. was it super hot, assembled incorrectly, etc.)?
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Oldog
Posted on Sunday, November 08, 2009 - 05:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Carter good luck with the "suit" Hd has more lawyers than doans has little white pills,

My dealer is working on a leak now,
and they are waiting on a heat shrinkable hose clamp, (2.00$) part, my bike will have been in for service for a month by the time it is received.

at times all you can do is be patient, its not any better any where else. I once waitied 6 weeks on steering head bearings
for a suzuki

By all means call customer service, and document the events and outcomes,
I am with rat on this go through channels first, documenting all as you go,

a law suit is the event of last resort.
the only winners are the lawyers..
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Drhodes1970
Posted on Sunday, November 08, 2009 - 05:50 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Stator problem with mine.That's it. I love my cr!
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Ratbuell
Posted on Sunday, November 08, 2009 - 05:51 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well, good luck is all I can say.

I still haven't seen any information regarding items 2-5 on your list, only your tirade about item 1.

And sorry...I'm not being 'punked'. Aside from Kim's eight year old M2L having a fuel delivery issue (gummed up carburetor from sitting too long)...all FIVE of our Buells are running exactly as designed. And on the rare occasion one does act up...it gets fixed, no issue, no drama.

Personally...if I got you on the phone and you spoke to me the way you type here on the board, you wouldn't have to worry about my refusing to help. I'd have hung up on you already. You're not out to get a bike fixed, you're out for a fight - at least, that's the impression you give. If that's not accurate...you may want to work on your presentation.

Good luck to you.
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Carter
Posted on Sunday, November 08, 2009 - 05:59 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Driving back from a lunch break I noticed my bike was breaking by it self. It progressed gradually until eventually when I stopped at a red light I noticed that when I gave it gas it would not move at all. i got off and beat on the caliper to try and free it up. Thankfully that worked. Later that day I picked up new pads to replace the ones that were 2/3rds gone thinking that maybe it was the pads. Upon opening the caliper I noticed that the pistons had a build up of brake dust ring around all them and concluded that was the reason for the "lock up". Cleaned each piston with brake cleaner and a tooth brush. Installed the new pads and they now seem to work fine.
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Moosestang
Posted on Sunday, November 08, 2009 - 06:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Well you may want to contact a lemon law lawyer before you waste your time and money.

http://www.carlemon.com/lemon/FL_law.html

I'm no expert on lemon law or any law.

What is the build date of your bike? I've been waiting for my clutch cover to leak, but so far nothing. I was just at Gainesville harley getting the bike reflashed. Surely they can fix the clutch cover problem.

Doing a google search for fuel vent line leaking shows some other bikes with similar problems.

http://www.kawasakimotorcycle.org/forum/kawasaki-c ruisers/83201-leaking-gas-venting-tube-900-vulcan- 2.html

Maybe a simple reroute of the vent tube will cure the problem. I agree that it should not drip like it does and if buell or harley doesn't know how to fix it then I will find a solution myself. I guess that makes me a punk, but I'm not overly concerned. I'm certainly not going to file a lawsuit for a fuel vent tube dripping.

I've gotten false nuetrals on every bike i've owned, They all sorted themselves out though.
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Court
Posted on Sunday, November 08, 2009 - 07:55 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Be mindful that IF (and I damn sure wouldn't, but that's just me) you file in small claims court that the MOST you can recover is $5,000.

Think of it . . . if it were me, I'd hand you a check for $5,000, take the bike and wave hasta la vista.

Also . . and I've read through it pretty carefully . . . I don't think you can bring an action under 681.111 Unfair or deceptive trade practice.--A violation by a manufacturer of this chapter is an unfair or deceptive trade practice as defined in part II of chapter 501. in small claims court either.

But then . . . I am a construction worker.

Keep us posted on how you come out.
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Mikezx9r
Posted on Sunday, November 08, 2009 - 08:05 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Im starting to get worried about my bike now. O bought a left over 1125r out of state. It should be here in about a week and a half. the closest HD dealer that services Buells is 60+ miles away from me. How often am I going to have to bring it in for a reflash and to get these other problems fixed? Why are all of these problems acceptable as long as they are fixed? If your car kept having problems, would it be ok as long as it was covered under warranty?
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Leroysch
Posted on Sunday, November 08, 2009 - 08:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Just finished the first 600 miles on my '09 1125R and the only problem I've had was a weak battery. It took a charge and have never looked back.

I have the slight fuel drip also, no biggie for me. In fact, kinda sets the mood (in a good way) when I walk into the garage. Part of the bike's personality IMO.
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Joseschopshop
Posted on Sunday, November 08, 2009 - 08:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Mine has major steering issues.Whenever you get on the gas it won't turn at all.It just hunkers down and will only straight line.It's as if the front tire doesn't even contact the ground.Should I take these steering problems to court?

I may need to take Arai to court also since a bug got passed the chin bar and stuck in my teeth.
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Ccryder
Posted on Sunday, November 08, 2009 - 08:29 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Jose:
They warned you in the OM about the SEG so you can't sue Arai, sorry ;+}

I just bet the SEG is directly related to that lack of contact that the front wheel has.
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Court
Posted on Sunday, November 08, 2009 - 08:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>Should I take these steering problems to court?


Yes.

Drop it off and I'll return it next July.
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Ratbuell
Posted on Sunday, November 08, 2009 - 08:40 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Mikezx9r - despite what the OP wants us to think, it's not EVERY bike that has problems. My 09 CR hasn't had a single issue since I brought it home. My '06 Uly? Same thing, although I did replace the rear bearings with black seal bearings at the first tire change as preventative maintenance. But I haven't even *washed* that bike, and it's been treating me like a king, including 2000 miles in 5 days for Buelltoberfest in October.

Not gentle miles, either.

Sure. My S2 is leaking some oil at the pushrod bases. It's *fifteen years old*. Her M2L has a gummy carb that I need to disassemble and "fix" - she rides maybe 300 miles a year, it's par for the course. And, Brankin got my S1W *filthy* at the Last Ride...and I had the rear header nuts back off...but that was mechanic error on the race header install (my own fault).

All in all, though? I'm pleased as punch. With ALL of 'em, new and old.

I also can't count how many I've sold over the years, that have racked up hundreds of thousands of trouble-free miles.

Have some been less than trouble-free? Absolutely. Has the Motor Company stood behind them, every time that I'm aware of?

Yep.

Problems happen. Car, bike, house, wheelbarrow. I only get upset when folks fail to take responsibility for their product. If the manufacturer stands behind their product, though...yes, it's an inconvenience, but $hit happens. Lord knows I'm nowhere near perfect, and I'm not gonna jump all over someone else for making a human mistake if they're big enough to stand behind it and make it right.

Carter - I have to say, that is the first I have heard of a ZTL2 doing that. Was there a recent front tire change / front wheel off event that could have jarred something? Do you use any chemicals when you're cleaning the bike that could cause the pistons to bind? Not trying to point a finger, just trying to help figure out what could have gone on. Glad it was a gradual progression rather than all-of-a-sudden.

And - this is the ex-editor in me coming out - that was a MUCH better tone in the brake post. Nowhere near as much animosity. If you can harness that tone...I suspect you'll do much better for yourself and for your bike. Keep us posted.
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Xnoahx
Posted on Sunday, November 08, 2009 - 08:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

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Moosestang
Posted on Sunday, November 08, 2009 - 09:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Im starting to get worried about my bike now. O bought a left over 1125r out of state. It should be here in about a week and a half. the closest HD dealer that services Buells is 60+ miles away from me. How often am I going to have to bring it in for a reflash and to get these other problems fixed? Why are all of these problems acceptable as long as they are fixed? If your car kept having problems, would it be ok as long as it was covered under warranty?

I have to ask, how old are you? You sound as if you are 16 and this is your first vehicle. I certainly hope not. Any vehicle is going to have little things that go wrong. I shouldn't say every because my mustang has never been to the dealer in 3 years, but my ford ranger had an A/C leak and my wifes chrysler 300 had a transmission leak. Nothing man makes will ever be perfect.

I think Court has the right idea, sell it.
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Scott0827
Posted on Sunday, November 08, 2009 - 09:03 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

My 09 CR has had all these except for the brake!! Im still riding the bike!! 8900 miles dont sound like its been sitting too much....
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Blackflash
Posted on Sunday, November 08, 2009 - 09:28 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

After all my problems were settled I haven't had any issues for 8 k now. 17,000 total miles. Beware of what you say on this site . It is closely watch by Harley and buell . Anything you say on the web can be used against you in court. You've already said enough!!
Takem ta court and keep it off this site . No need for drama queens.
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Court
Posted on Sunday, November 08, 2009 - 10:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>If you can harness that tone...I suspect you'll do much better for yourself and for your bike.

I'd stick to the facts and set myself a goal to have it resolved by the end of the month.

That'll save you a year to 18 months from the litigation route.
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Toona
Posted on Sunday, November 08, 2009 - 11:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'm curious if he's just upset that after he bought his Buell "at full price" that HD decided to axe BMC and now they are "blowing them out" at a far lower price than what he paid and now he has a delayed "buyer's remorse".

I'm not a lawyer and I didn't sleep at a Holiday Inn last night, but I haven't read anything here that qualifies for a lemon law buy back, let alone going after HD for an unfair or deceptive trade practice.

I too wish you good luck, you're going to need it....
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Smoke
Posted on Monday, November 09, 2009 - 05:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

the brake issue could be moisture in the brake fluid that expands with heat. 18,000 on my street 08 R with an engine replacement and a water pump replacement. 2500 track and race on my salvaged 08 R with no issues.(except control issues on my part)3 getoffs. 5th gear and 1st reflash also covered under warranty on both bikes. i haven't been back to the dealer for any issues since aug 08. paid full price for the street bike Dec 07 and got a good deal on the salvage bike May 08. i recommend dropping the bike off with the dealer of choice for the issues you have. if the dealer is no help look for the best independent shop available, have them fix it, and bring the documented repair costs along with the documented refusals to repair from your dealer to the small claims court. deal with all the contacts in the manner that you would like to be dealt with. best of luck to you.
tim
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Mikezx9r
Posted on Monday, November 09, 2009 - 07:13 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I have to ask, how old are you? You sound as if you are 16 and this is your first vehicle. I certainly hope not. Any vehicle is going to have little things that go wrong. I shouldn't say every because my mustang has never been to the dealer in 3 years, but my ford ranger had an A/C leak and my wifes chrysler 300 had a transmission leak. Nothing man makes will ever be perfect.

Im 30 years old and on my 5th bike in the last 12 years. I understand if there is a problem here and there, but there seems to be a lot of horror stories coming out. Having something that is in for repairs almost as much as it is ridden is unacceptable. Maybe, and hopepully, the OP is the exception and not the common scenario
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Ratbuell
Posted on Monday, November 09, 2009 - 08:02 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The internet is a HORRIBLE gauge of problem-frequency.

People who are happy, go out and ride.

Only people who are miffed about something will post about them.

A happy person - myself included - usually doesn't post "WOW, I love the front brake on my 09 CR, that 8 piston caliper is awesome!". Not a very good read....and much more fun to go out and USE that awesome front brake than to sit in the living room and write about it.

Why not wait until your bike arrives and you have some personal experience with it, before you start freaking out? Patience, grasshoppah....
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