Riders have options when dealerships fail them. This page covers the legal tools, public case law, and filing procedures available to Florida motorcycle owners.
This page provides general legal information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Laws change. If you have a specific legal dispute, consult a licensed Florida attorney. This information is current as of March 2026.
Six proven paths to recovery when warranty disputes or dealer misconduct occurs.
These cases from Florida and federal courts establish the legal principles that apply when motorcycle dealers or manufacturers fail their warranty obligations. Each is a real decided case, cited by other courts as authority.
These are actual civil cases filed in Miami-Dade County Circuit Court against Motorcycles of Miami, Inc. (the corporate entity operating BMW Motorcycles of Miami and Royal Enfield of Miami). Retrieved directly from the Miami-Dade County Clerk of Courts Online Case Search on March 21, 2026.
Filed June 27, 2025 in Miami-Dade Circuit Court, Section CA11 (Judge Spencer Eig). Commercial premises liability claim. Defendants included Motorcycles of Miami Inc., Mechanical Security Controls Corp., and Saltex Group Corp. Court records confirmed defendant AKAs include "BMW Motorcycles of Miami" and "Royal Enfield of Miami." Case involved 71 docket entries, depositions, witness and exhibit lists, and was resolved via mediation agreement on February 23, 2026. Dismissed March 2, 2026.
Plaintiff attorney: Karen Hernandez Callejo (B#89590). Defense attorneys: Andrew Dymowski (B#1058209), Capri Trigo (B#28564), Julie Glassman (B#14184).
Filed April 19, 2017 in Miami-Dade Circuit Court, Section CA21 (Judge Jason E. Dimitris). Contract and indebtedness claim. Named defendants included Motorcycles of Miami, Motorcycles of Miami Inc., and BMW of North America, LLC. BMW NA was represented by Hinshaw & Culbertson LLP. Case saw multiple motions to dismiss, an amended complaint, interrogatories, and requests for production. BMW NA's initial motion to dismiss was granted August 24, 2017. Plaintiff filed amended complaint August 31, 2017. Ultimately resolved via stipulated dismissal with prejudice on December 7, 2017.
Plaintiff attorney: David Constantino (B#942081). Defense attorneys: William Carlos Diaz-Rousselot (B#300070) for dealer, Andrew Collinson (B#55552, Hinshaw Law) for BMW NA.
Filed December 16, 2010 in Miami-Dade Circuit Court, Section CA27 (Judge William Thomas). Commercial premises liability claim. Plaintiff demanded jury trial on filing day. Case spanned 19 months of active litigation with 66 docket entries, including extensive discovery, 13+ subpoenas, multiple depositions, motions to compel discovery, and substitution of counsel. Mediation was ordered in February 2012. Case resolved via stipulated dismissal on July 16, 2012.
Plaintiff attorney: Henry E. Marinello (B#844330). Defense attorney: Herbert C. Andrews (B#3417).
Key takeaway: Three civil lawsuits spanning 15 years against the same corporate entity, two for premises liability and one for contract/indebtedness that named both the dealer and BMW of North America. All three were resolved via settlement or mediation rather than going to trial. Stipulated dismissals with prejudice typically indicate a negotiated settlement was reached. These records are publicly available at miamidadeclerk.gov/ocs.
These are real incidents reported by riders involving Florida BMW motorcycle dealerships. Public complaints, forum posts, and legal inquiries that establish patterns of conduct.
G310R sent to dealer for post-theft insurance repairs. Over months of delays and miscommunication, bike was returned with brakes that nearly caused a crash, license plate held by a shoelace, missing mirrors, front light hanging loose, and missing screws. Rider paid $600 at another shop to make it safe. Documented with photos on Reddit r/bmwmotorrad. BMW corporate response was described as a "polite brush-off."
Legal relevance: Negligent repair, breach of duty of care, potential FDUTPA violation. Rider had documented evidence (photos, service records, independent repair invoice).
2022 BMW S 1000 RR brought in for first annual service. Dealer forgot to put oil back in the engine after removing it. Engine was totaled during dealer's own test drive. Dealer offered a replacement engine from BMW Germany. Owner sought full compensation or a new motorcycle. Incident documented on Avvo legal forum.
Legal relevance: Clear negligent repair. Owner had strong basis for claims beyond just engine replacement, including diminished value of the motorcycle, inconvenience, and potential lost use. Broward County jurisdiction (Plantation, FL 33317).
Factory-installed heated seat failed while under warranty. BMW Motorcycles of Miami submitted the claim, but BMW North America refused to cover the repair. Documented on BMWLT.com community forum.
Legal relevance: Potential Magnuson-Moss Warranty Act violation. Factory component failing under warranty with denial from manufacturer is a textbook breach of written warranty claim.
A group of Miami-area BMW motorcycle owners formed the BMW Rider Advocacy group on Motorcycle.com after discovering multiple riders facing similar unresolved issues with warranty support, service quality, and dealer accountability at BMW Motorcycles of Miami. The group has received outreach from riders in other cities facing similar dealer issues and is expanding nationally.
Legal relevance: Pattern of complaints from multiple consumers strengthens individual claims. An organized group documenting similar experiences across riders can support FDUTPA claims against the dealer.
Follow these steps to build a strong claim, whether you pursue small claims court, direct escalation, or hiring a consumer warranty attorney.
Photos, videos, service orders, emails, text messages, WhatsApp messages. Create a timeline with dates and names of everyone you spoke to.
Record who you spoke to, what they said, what they promised, and when. This log becomes evidence if the case goes to court.
Establishes the "real" cost of the defect versus what the dealer charged. Get these in writing.
Before filing in court, send a certified letter demanding repair or refund. Creates record of pre-suit notice and shows you tried to resolve it.
Call 1-800-831-1117 if warranty is involved. Escalation often succeeds and strengthens your case if it fails.
If your claim exceeds small claims ($8K), consult a consumer warranty attorney. Many work on contingency or fee-shifting (Magnuson-Moss allows recovery of attorney fees).
Small claims court, state court for revocation of acceptance/FDUTPA, or federal court for Magnuson-Moss. Jurisdiction and amount determine your venue.