Does California Lemon Law Include Motorcycles?

Buying a motorcycle and cruising the open roads is a dream come true for many people. But this dream can take a dark turn if you’re constantly facing mechanical issues. On a motorcycle, you are not nearly as protected as you are in a car or truck. Any mechanical defect can be a life-or-death situation.

Fortunately, the law is on your side if you purchase a faulty motorcycle.

The Magnuson-Moss Consumer Warranty Act – known as federal lemon law – exists across the country to hold manufacturers accountable for selling defective products. While lemon law is nation-wide, each state has unique regulations. California’s lemon law – known as the Song-Beverly Consumer Warranty Act – has some of the most consumer-friendly regulations in the United States.

California lemon law extends from vehicles all the way to consumer goods – all of which must be sold with an official warranty. In this post, we want to discuss everything you need to know about motorcycle lemons, and what the next steps are.

California Lemon Law: Vehicles vs Motorcycles

Both motorcycles and vehicles fall in the same realm of California lemon law. But the details of the law are a bit different for motorcycles compared to cars and trucks.

Motorcycles are included in the Civil Code section 1793.2 (d)(1) – which puts them in the “consumer goods” category. Consumer goods are covered under lemon law as long as they are sold with an official warranty and used primarily for personal, family, or household purposes.

Just like automobiles, motorcycles must be subjected to a reasonable number of repair attempts – made by the manufacturer. A “reasonable” number of repair attempts is essential to qualify a vehicle or consumer good as a “lemon”.

Unlike vehicles, manufacturers have the option to either replace defective consumer products or buy them back – if the product is proven to be a lemon. With vehicles, manufacturers are required to buy them back. The consumer may request a replacement vehicle – either an identical vehicle or one of similar value. However, both parties must agree to this option.

The Defect

The biggest difference between vehicles and motorcycles is the nature of the defect that qualifies a lemon. In automobiles, the defect must “substantially impair the use, value, or safety”. This is not always the case in motorcycles.

Typically, proving whether or not a vehicle’s defect is “substantial” is the biggest obstacle in lemon law cases. Manufacturers will fight this tooth and nail to avoid a vehicle buyback. Because of this difference, lemon law cases in motorcycles are generally stronger and easier to manage than vehicle cases.

Mileage

Mileage plays a big factor in motorcycle lemon law claims. Motorcycle lemon law is based on a “reasonableness standard”. What is regarded as reasonable for a motorcycle at 10,000 miles is different than what may be reasonable at 60,000. Generally, motorcycles are driven less than automobiles – a factor that makes motorcycle claims stronger than automobiles.

By and large, the finer points of California lemon law are similar between motorcycles and automobiles. The good news is your claim will likely be much stronger for a motorcycle.

What Makes a Motorcycle a Lemon in California?

Lemon law for motorcycles in California follows similar criteria as vehicles. If your motorcycle is experiencing recurring issues, there are a few key checkpoints it needs to pass to be officially ruled a lemon, including:

• The motorcycle was covered under the manufacturer warranty when the defect was first reported.
• The defect was not a result of driver negligence.
• The manufacturer has made a reasonable number of unsuccessful attempts to repair the defect (usually at least two) at a manufacturer-certified repair facility.

Or

• The motorcycle has been out of service for at least 30 days for repairs.

If your motorcycle meets these requirements of CA lemon law, you may begin the process of taking legal action.

What to Do If Your Motorcycle is a Lemon

The next steps in taking legal action for a lemon must be done very carefully. Here is what you need to do:

Get off the Road

This should be a no-brainer. Even a minor defect can spell trouble on a motorcycle. As soon as you discover a manufacturer defect, get off the road as soon as possible. First and foremost, driving a defective motorcycle puts you and other drivers at risk.

Second, the longer you drive a defective vehicle, the more chances you have to make a mistake. Remember, to be ruled a lemon, the defect must not be caused by driver negligence. The first move manufacturers make is to try and discredit the defect as your fault. Do not give them any openings to do so.

Gather ALL Documentation

Documentation is the lifeblood of every lemon law case. This paperwork includes (but is not limited to):

• All repair invoices signed by the manufacturer-certified repair facility.
• All payments made for the motorcycle (down payment, loan payments, etc.)
• All official costs associated with the motorcycle (sales tax, registration, etc.)
• Receipts for all incidental costs associated with the vehicle (towing costs, cab fares, hotel stays, etc.)

Take Note of the Mileage

Your ability to file a lemon claim is influenced by how many miles are on the odometer. As soon as you notice a defect, be sure to note the number of miles.

Get in Touch with a Lawyer

The most important factor in winning a lemon law claim comes down to the attorney you hire. Make sure you hire a California lemon law firm that specializes in motorcycles.

Keep in mind, manufacturers know you’re likely facing a lemon for the first time. They will use your inexperience in motorcycle lemon law to their advantage. A skilled attorney will see these tactics coming from a mile away – and will make sure you receive full compensation for purchasing a defective motorcycle.

Wrap Up

There are very things as frustrating as buying a lemon. You spend thousands of your hard-earned dollars to purchase a motorcycle and you’re ready for an adventure. Unfortunately, your days of cruising on the new bike are being delayed through no fault of your own – you’re angry, and you’re right to be angry.

The good news is you are not out of luck. With the help of a specialized California lemon law attorney, you can recoup your losses and get your dream back of cruising on your motorcycle.

Author Bio:

Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.