Case Filed Against Kosco Harley Davidson

One of the best feelings in the world is being able to go into a motorcycle dealership, lay down about $12,000, and walk out the proud new registered owner of a motorcycle -- in this case, a Harley-Davidson.

But, what if, after two months of bonding with your new bike, you found out that it was registered in someone else's name and that for a month you had been riding without insurance? That's what happened to James Martorella...

Martorella has filed charges against Kosco Harley-Davidson and Harley-Davidson Credit with the New Jersey Superior Court, Morrison County on charges of consumer fraud, fraud, negligent misrepresentation, breach of contract and other claims.

Due to a computer error, the Harley dealership allowed Martorella to finance a bike though it was still being financed by the previous registered owner. In addition, it took Harley a month to complete the papers for the insurance that Martorella had paid for.

When Martorella was issued a second set of temporary license plates, for the bike he had been making monthly payments on, he suspected something was wrong, so he called the DMV. The DMV told him that he was not the registered owner of the bike. Martorella alleges that when he asked the dealership to remedy the situation and compensate him, they made claims that they had done nothing wrong.

"They failed to perform their responsibilities and now we're going to pursue it with diligence," said Lori Sklar of Lor Sklar Law Offices, North Bergen.

While Harley has made some comments regarding the case, they have not been disclosed. All they will say is that the problem was due to a computer error.

Remar Sutton is to be the expert witness in the case. Sutton is an expert in the inner workings of dealerships. He has been used as a consultant for shows such as Sixty Minutes, Twenty-Twenty, and TODAY as well as being featured in such respected publications as the New York Times and Wall Street Journal, among others.

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Danielle Grossman
Danielle Grossman

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