I bought a brand new motorcycle from the local Harley Davidson dealer last month. Bike worked fine for the first month. After a month the bike developed a significant wobble in the rear that made the bike undrivable. In fact on the highway at 70mph I almost got thrown off the bike it was that bad. I took it into the same dealership I bought it at to their service dept.The manager called me back a few days later. He tells me that the bikes don't come assembled, but rather in pieces from the Harley factory and they put them together at the dealership. When the mechanic put my bike together he failed to properly tighten the rear wheel bolt. The result is that it came very loose and subsequently, the entire wheel, brake, and components attached to the rear wheel became warped/bent out of shape.The dealership said because it was their fault for not assembling the bike correctly, they would eat the cost to repair it (both parts and labor). I was fine with that.Now here is the problem. Harley keeps a very tight inventory to keep supply/demand equal so prices don't fall. Because it's a new bike there are no used parts available. However, there are no new parts available either. The main manager called me and stated that there are simply no parts available anywhere and the parts I need are "on back order indefinately". I told him they should give me a new bike or refund me on this purchase minus depreciation of the miles I put on. He laughed and said no way.If the bike is damanged due to their negligence and can't be repaired because parts are not available, aren't they somehow liable? What is my recourse at this point?I paid $10,000 down cash and financed the other $10,000.
Thank you for the post, I am happy to assist you by answering your questions. Your recourse would be to sue the dealership for loss of use of the bike as you await the parts necessary. The problem is that you do not know what your actual damages will be until the parts arrive. Therefore, your recourse is to contact the dealership to advise that it is liable for the depreciation of the bike as it sits waiting for the parts as well as a sum to compensate you for the inability to use the bike until the parts arrive, and that this is a perpetually increasing sum as with each day the dealer's debt to you increases. Therefore, the dealer should replace the bike, or be prepared for suit shortly after the parts arrive, and should the parts not arrive within ninety days, you will file suit in any event for a replacement bike plus loss of use up to the time of suit. Please let me know if you have any follow up questions.
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