Baron Motorcycles sold me a lemon and refuse to refund my money Plymouth Minnesota

I ordered a new 150-BAS model scooter in October 2004. It was delivered in December 2004, with damage to the windshield and handlebars, and missing mirror hardware. I received and installed the windshield but the neither the handlebar nor mirror parts were ever sent.

The scooter's battery died shortly after its arrival, and the problem was diagnosed by a local scooter repair shop to be a nonfunctioning stator. I informed Baron about this problem but they never sent a part or made an effort to fix the problem.

The general lack of concern on Baron's part led me to send a certified letter regarding the problems, which was received and prompted response by both Ivan and Lev Mirman.

Later the scooter ceased to run at all, and the next problem was diagnosed as a bad carburetor. There are currently only 800 miles on the vehicle, and it has been undrivable since February 2005.

A verbal agreement was reached in late March 2005 with Lev Mirman that the lemon scooter would be traded in and replaced with an identical model, and that the shipment would take about 6 weeks. The replacement scooter was ordered at that time. In July 2005, and to date, Baron Motorcycles has still not produced a replacement.

I have demanded a refund but they refuse to do so, now offering to repair the scooter for free if I tow it up to Minnesota (I am a Florida resident). They are now changing their offer stating that they cannot replace it due to a "changed relationship with the manufacturer".

At this point I am taking them to small-claims court.

Jeremy
Green Cove Springs, Florida
U.S.A.