Unfortunate as the situation may be as soon as you mention wanting to pursue the Lemon Law aspect especially in a dealership they will not touch the bike. They do not want to get tied in in the legal aspect of the bike then. They will be quick to tell you the problem is between you and BDM. Dealerships are privately owned and figure you will drag them into something that will cause them grief and a wedge between whatever relationship they have with BDM. Now you are out of someone that can give you support on looking at your bike.
Kinda like being up shit creek without a paddle having no-one give you the technical rundown with what is wrong with your bike so you can deal with BDM. The info in your EHC can tell a lot with what has happened and the average owner cannot pull the info being somewhat proprietary. That info you need to get the problems resolved and get the bike back into reliable machine that you can enjoy.
I have posted in the past how to do this for the EFI owners because I believe you have the right to know what is going on with your bike without taking it to a dealer but that is me.
BDM monitors the site and if they feel in my opinion you are out to get them it is nothing but a uphill battle then. To contact them and demand they take the bike back to the factory and diagnosis your issues seeing how you feel whatever dealership is not correcting the issue is better than isolating yourself. They did send a semi-truck-motorcycle carrier to my house and take mine to the factory and work on it. I could go into more details but sometimes you sign papers with corporate lawyers after the fact that have everything to do with what happened.
You need to give them a chance to correct the bike you purchased first, extend your warranty for time in the shop or down time and if something was really wrong where they take responsibility for they will most likely throw in some goodies for your bike "if you ask them" to make things better. BDM does not want negative feedback on a product they are proud to build and many people enjoy them without issues. Mine was not trouble free.........
If they fail to provide a product that is safe to ride and enjoy to you after work is done in your opinion, you have a record to run up their ass if you feel the need.
They have moved away from the problematic issues many people have complained about and appear to be building bikes with many of the suggestions that have come from the owners on this forum.
Use your dealer if possible but do not be afraid to call them "BDM" and ask them to handle your issues personally.
Do I think they should stand behind there product 100%, yes.
Do I think all the tech's in the shops should be trained by BDM, yes.
In reality if a EFI bike comes into a shop, I believe they hook it up a computer and send the readout to BDM or if someone is free in this downturn economy at BDM they look at it then and talk to the dealership over the phone what to try and do and I am sure the cats at BDM have to much to do on their plate to troubleshoot all the EFI bikes having issues or possible EHC issues.
Just so you know where I stand, I do not have a EHC or the S&S VFI in my bike. I run a Thundermax wide band fuel system and a Thunderheart replacement for the EHC.
It makes over 130hp/140tq and I ride it hard and all the time minus when I tear parts up. It does not flutter,stall or hesitate just smokes tires into liquid rubber and eats a few transmissions hear and there.....
Puts a smile on my face all the time...

Neil