Legal Question in Civil Litigation in California

I purchased a 2008 Jonwalk scooter approximately 90 days ago from a dealership in Alameda, California. The scooter came with a 1-year warranty. Two weeks ago I was on my way home and my scooter seized up on me. I called the dealership, and was told to bring it in and they would have their mechanic take a look at it. My husband brought it to them, and 3 days later we called them and was told it was ready. My husband went to pick it up. He asked what the problem was and was told that the mechanic had to adjust the throttle. My husband did ride it around and it did run, but he had never driven my scooter before so he wouldn�t have known if it was running the same way or not. I had my husband drop off my scooter at my office so I could ride it home. Again, as I was on my way home it seized up again. I called the dealership for the second time, and they told me to bring it back. Now the mechanic is saying my scooter must have been knocked over because the oil and gas were mixed together. I love that scooter, there�s not a scratch on it. I have never knocked it over. My question is, because I have a 1-year warranty and because it is less then 90 days old, doesn�t the dealership have to honor the warranty? I told them I want a new scooter because I don�t feel safe on this one now.

Note: I went on line and found an article that there was a recall on 2008 Jonwalk scooters. It has something to do with the fuel line.


Asked on 8/27/10, 9:29 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can ask that the scooter be repaired or replaced. You have to go through the warranty language to see what is covered and the remedy. They likely have the right to try several times to fix it before you can expect that they will replace it [which is probably what the warranty states]. You need to point out how daagerous it is if the scooter malfunctions. Show them the article about the recall and ask if this one had the repair work done on it.

Good luck.

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Answered on 10/29/10, 9:48 pm


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