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New scooter transmission failed as 600 km. Dealer is telling me it's not covered under warranty.

Pompano Beach, FL |

Purchased new 2013 scooter and at only 600 km the transmission went out.
The dealer is telling me that it is not covered under warranty.
Does Statute 672.314 IMPLIED WARRANTY; MERCHANTABILITY give me an option to force them to fix it as it is obviously a manufacturer defect?

Attorney Answers 2


  1. The IWOM is an underused claim.
    Most good lemon law attys will know how to use it.
    Find someone good here:

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net


  2. It is viable unless it was conspicuously disclaimed. Note that the Magnuson Moss Warranty Act prohibits the disclaimer of these implied warranties in certain situations, e.g., during the period of extended service contract. I wish you the best in the future.

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