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KnowYourRights, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26350
Experience:  Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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2015 Ktm 1190 adventure allready been in shop twice within

Customer Question

2015 Ktm 1190 adventure allready been in shop twice within the first month for the same electronic problems with ABS,Traction Controll.Damping Controll and General warnings.Now after getting it back the second time I rode it only 17Miles and it shows all the warnings again and is unsave to ride again and it would have to go back to the dealer a 3rd. time. I purchased the bike April the 15th.and it has been at the dealership more than half the time.
Am icovered at this point under the Texas Lemon Law?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. If you have purchased or leased a new motor vehicle and it develops a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, you may be eligible for relief under the Texas Lemon Law. You are required to allow the manufacturer a reasonable opportunity to repair the defect(s) before you may file a complaint for lemon law relief. There is a $35 filing fee required with the submission of the Lemon Law complaint form. The number of reasonable attempts may vary based upon the defect’s effect on the normal operation of the motor vehicle.
One way to show the dealer has had a reasonable number of attempts to fix a defect is to pass the following tests. Mileage requirements in the tests do not apply to travel trailers.
The Four Times Test
You pass this test if you have taken your vehicle to the dealership for repair twice for the same problem within the first 12 months or 12,000 miles, whichever comes first;
twice more during the 12 months or 12,000 miles following the second repair attempt, and the problem continues to exist.
In addition, If your new vehicle has been out of service for repair due to a defect 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 there were at least two repair attempts during the first 12 months or 12000 miles, and the problem still exists. If no loaner vehicle was provided to you by the dealer during this time period, you pass the test.
It is advisable to contact the Lemon Law Section of the Texas Department of Motor Vehicles (TxDMV) for more specific information and assistance at(###) ###-####
With that being said and based upon what you shared above, you should be afforded protection and are nearing what would qualify as a Lemon.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 2 years ago.
Sorry but the information is not specific to my case and can be red on the DMV site.
Expert:  KnowYourRights replied 2 years ago.
Klaus, thank you for the reply. The facts of your case are what needs to be applied to the law, which is why I shared the information, since it is Texas law. Would you mind sharing with me if you need any clarification or what is different or that what the law is not clear on? I would be happy to reply.