Are motorcycles covered by the California Lemon Law?
When you buy a motorcycle, whether from a previous owner or a dealer, you expect it to function properly. Having to repair the vehicle over and over should make you a bit suspicious. Failure to function properly after a consecutive number of repair attempts is a clear sign that it is what is commonly referred to as a “lemon.” We know there are specific consumer laws regarding lemon cars in California, but does the law cover lemon motorcycles as well?
Yes, motorcycles fall within the scope of the California Lemon Law. If you’ve had repeat warranty repairs or excessive time at 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 section 1793.2 (d) (1) of the Civil Code, 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 automobiles, consumer goods must undergo a reasonable number of repairs before being declared “lemons.” But, unlike automobiles, a manufacturer can buy back the product or replace it to meet its obligations under California lemon law. The good news is that the found defect does not have to “substantially alter the use, value or safety”, which means that you can get your money back for even a few minor defects.
Typical defects compromise the safety of riding a motorcycle, making lemon boxes stronger than cars. It is important to collect as much repair documentation as possible. They will support your claim and allow you to resolve the claim faster. It is also useful to keep track of incidents during bicycle operation. Sales documentation and warranties provided at the time of sale can make a claim stronger and easier to obtain a refund.
Defective lemon motorcycle owners can request a replacement motorcycle or a full buyback. The latter will include:
• Total price of the motorcycle or monthly payments paid and down payment
• Registration fees
• Sales tax
• Incidental damages
• Reimbursement of the cost of renting the vehicle and trailer
• Attorney’s fees
However, a small amount of money can be calculated and deducted from the buyback costs. The amount of money is based on the mileage the motorcycle was ridden for before the first problem.