Lemon laws

[Roverlab]

Anybody have any info on lemon laws and if they apply to garden tractors? I'm tired of wife referring to my BX as the Orange Lemon, and I'm tired of not being able to rely on the tractor.
I'm in PA.
Trevor

 

[NSBound]

I doubt lemon laws apply to tractors. In Pennsylvania, here's a definition of what is covered :

"New motor vehicle."
Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.

You would still have small claims court available to you, though!!

 

[offcamber]

I don't know PA law but I am guessing and somewhat confirmed by the above post thatr you are out of luck as far as a lemon law is concerned. I assume you have exhausted all options with the dealer? Have you tried to contact Kubota directly?

Sorry to hear of your troubles....good luck.

 

[Ductape]

Or..... try dealing with a different Kubota dealer than you are now?

 

[mcnitt]

What is the short version of what is wrong with the tractor?

 

[ultrarunner]

Anybody have any info on lemon laws and if they apply to garden tractors? I'm tired of wife referring to my BX as the Orange Lemon, and I'm tired of not being able to rely on the tractor.
I'm in PA.
Trevor

I don't know what type of problems you have with your Kubota or how long it has been in service...

If you believe that the Dealer has refused to honor the Manufacturer's Written Warranty to repair or repairs performed have not been properly done or the Tractor has a significant defect... it's probable that you have a legitimate reason to go forward.

The cornerstone to Consumer Protection is that the Problem must SIGNIFICANTLY affect the product USE, VALUE or SAFE OPERATION as defined by the Manufacturer's Intended Product Use.

Alterations, Misuse, Improper Maintenance and items that are not deemed to by Significant do not count. It is doubtful that fading or chipped paint would qualify as an example.

Does your State have a Department of Consumer Affairs or Consumer Protection or Consumer Product Safety Commission for Safety Issues?

Lemon Laws vary from State to State with the basis found in the Federal Law called the Magnuson-Moss Warranty Act.... here is a link from the Federal Trade Commission.

A Businessperson's Guide to Federal Warranty Law

Many States, such as California, have also enacted companion statutes to further empower consumers in market place disputes. In California it is called the Song-Beverly Consumer Warranty and here is the link:

Song-Beverly Consumer Warranty Act- Pertaining to California Lemon Laws

The key is that these protections are generally for Consumers and NOT available to items purchased for business use.

I'm a California State Certified Lemon Law Arbitrator and here is what I often recommend....

Contact the owner of the company directly one last time and explain that you are here to make absolutely certain that there is nothing the company can offer in the way of assistance... this is key because 1. You are certain to get someones attention and 2. You have put the Dealer on Notice that this is your final attempt before taking your complaint to the next level.

The next level is filing complaints with your States Office of Consumer Protection, The Federal Trade Commission, The Manufacturer, Local Better Business Bureau and Media Consumer Reporters.

In California, the Better Business Bureau is authorized by the State to schedule Aberrations as a method to resolve Consumer Disputes.

You also have the option of filing a Court Case.

I highly recommend that you politely put the above in a one page letter and have it with you to give to the owner or general manager when you go to the Dealership.

Explain that all you want is the reliable tractor that you thought you had bought and be specific in what you want the Dealer to remedy.

I've added the following...

In your previous posts you have mentioned Messick's in Elizabethtown, PA is the selling dealer... I've done some business with them and have no complaints... What does Messick's say it's worth today? How close are they to the $11,500 figure you mentioned that you would sell it for?

Realize, that most Lemon Laws make an allowance for usage and owner caused damage, if any and after market items will need to be removed if a "Buy Back" is awarded...

I wish you the best of luck!

 

[Tom_H]

The BX is a sub-compact utility tractor, not a garden tractor. There is a huge difference. Most people do not have many problems with a BX. Could you be specific about the problems and your attempts to have them remedied?

 

[john_bud]

Anybody have any info on lemon laws and if they apply to garden tractors? I'm tired of wife referring to my BX as the Orange Lemon, and I'm tired of not being able to rely on the tractor.
I'm in PA.
Trevor

Trevor, Please list the issues. Lot's of ideas to get them corrected on this board.

jb

 

[LBrown59]

Anybody have any info on lemon laws and if they apply to garden tractors? I'm tired of wife referring to my BX as the Orange Lemon, and I'm tired of not being able to rely on the tractor.
I'm in PA.
Trevor

first off the BX is not a Garden tractor ; it's a sub compact tractor.
Which model do you have ?
I have 3 of the BX tractors and they are all fantastic machines and constantly amaze me by delivering way more than I expect out of them !
My BXs are
2003 BX1500
2004 BX23
2005 bx1500

I listed mine so now what's yours ?

 

[ultrarunner]

I went back and re-read all of his previous posts.

Based on that...

Roverlab has a BX2350 that had a pinched harness that wouldn't let him turn off the motor and he has had an on-going problem with the harshness of the Hydro engaging and the pedal sticking.

 

[ChuckinNH]

Roverlab...
There are issues with your BX that you have become very sensitized to. That is not unusual, and it happened to me once with a truck. Probably, even a supportive dealer, or Kubota rep are going to tell you that your tractor is within the operating specs of that model, and more than likely can produce other tractors of the same model that exhibit the same characteristics. It seems your dealer has been supportive, and is to be commended for that. The question now is whether, or not you have become sensitized to all orange tractors, or just yours. If it is just yours, I would bite the bullet, and see what your dealer can do to move you into a tractor you can be happy with. If it is all orange tractors, you are probably left with the option of selling yours private sale to get the best return, and then buying something you can be happy with. I feel your pain, and feel strongly that it will stay with you for as long as you own this tractor. I have followed all your threads, and don't have much doubt about that. Life, and the importance of general happiness is far too important to be irritated each time you make a payment, or step on the tractor. It's important for you to move forward on this, and unfortunately, you will have to bear the costs of doing that. I do wish that I could be more supportive of your feeling that Kubota should buy this tractor back. Keep us posted on how you make out...