When you buy a motorcycle, whether from a previous owner or from a dealer, you expect it to be in good working order. Having to repair the vehicle over and over again should make you a little suspicious. Not working properly after a consecutive number of repair attempts is a sure sign that you are dealing with what is commonly known as a “lemon”. We know that there are specific consumer laws regarding lemon cars in California, but does the law also cover lemon motorcycles?
Yes, motorcycles are within the scope of the California Lemon Law. If you have had repeat warranty repairs or have spent too much time in the repair shop, you should call a lemon law attorney for further assistance. The California law that covers motorcycles, trailers, and boats is a little different than the law that covers automobiles. Under the California Lemon Law, motorcycles are covered by Civil Code section 1793.2(d)(1) which covers “consumer goods.”
Consumer goods are covered by lemon laws if they are sold with a written warranty and purchased for personal or household use. Like cars, consumer goods must undergo a reasonable number of repairs before being declared “lemons.” But unlike cars, a manufacturer can buy back the product or replace it to meet its obligations under the California lemon law. The good news is that the defect found does not have to “substantially impair use, value, or safety,” which means you can get your money back for even some minor defects.
Typical defects compromise the safety of riding a motorcycle, making lemon cases stronger than automobile cases. It is important to collect as much repair documentation as possible. They will support your claim and allow you to resolve it faster. It is also very helpful to keep a record of incidents during the operation of the motorcycle. Sales documentation and warranties provided at the time of sale can again make a claim stronger and a refund easier to obtain.
Owners of defective lemon motorcycles can request a replacement motorcycle or a complete buyback. The latter will include:
• Full price of motorcycle or monthly payments and down payment
• Registration fees
• Sales tax
• Incidental damages
• Cost of car rental and towing reimbursement
• Attorney’s fees
However, a small amount of money may be calculated and deducted from the repurchase costs. The amount of money is based on the mileage the motorcycle was driven before the first problem.