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When you buy a motorcycle, either from a previous owner, or a dealer, you expect it to run well. Repairing a vehicle on the go can make you a bit suspicious. Failure to operate properly after repeated repair attempts is a clear indication that you are dealing with what is commonly known as a “lemon”. We know that California has specific consumer laws regarding Lemon cars, but does the law cover Lemon motorcycles as well?
Yes, motorcycles are subject to California’s lemon laws. If you have had repeated warranty repairs or excessive time at the repair shop, you should call a lemon law attorney for further assistance. California law covering motorcycles, trailers, and boats is slightly different from the law covering cars. 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 the Lemon laws if they are sold with a written warranty and are purchased for personal or household use. Like cars, consumer goods must undergo a fair number of repairs before they can be declared a “lemon”. But, unlike cars, a manufacturer can repurchase the product or replace it in order to meet its obligations under California’s lemon law. The good news is that the defect found doesn’t need to “substantially impair the use, value, or safety,” which means you can recover your money even for some minor defects.
Specific defects compromise the safety of operating a motorcycle, making the case for lemons stronger than it is for cars. It is important to collect as much repair documentation as possible. They will support your claim and allow you to settle the claim faster. Also, it is helpful to keep an eye on the incidents that happen during the operation of the bike. The sales documentation and warranty provided at the time of sale can make the claim stronger and the refund easier to obtain.
Owners of defective Leman motorcycles can demand a replacement motorcycle or a full buyback. The latter would include:
• Full cost of the motorcycle or monthly payment plus down payment
• Registration Fee
• sales tax
• accidental damage
• Vehicle rental cost and towing reimbursement
• Attorney’s fees
However, a small amount of money can be calculated and deducted from the repurchase cost, the amount of money is based on the mileage the motorcycle was driven before the first problem.
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