When you buy a motorcycle, either from a previous owner, or from a dealer, you expect it to run well. Having to repair the vehicle constantly should make you a little suspicious. Failing to function properly after a number of consecutive repair attempts is a clear sign that you are dealing with what is commonly known as “lemon”. We know that there are specific consumer laws regarding lemon cars in California, but do those laws also cover lemon motorcycles?
Yes, motorcycles fall within the purview of the California Lemon Law. If you have experienced repeated warranty repairs or excessive time in the repair shop, then you should contact a lemon law attorney for further assistance. California laws covering motorcycles, trailers, and boats are slightly different from laws covering cars. Under California’s Lemon Act, motorcycles are covered under section 1793.2(d)(1) of the Civil Code covering “consumer goods”.
Consumer goods are protected 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 amount of repair before being declared “lemon”. However, unlike a car, a manufacturer can repurchase the product or replace it to fulfill its obligations under California’s lemon law. The good news is that the defects found need not “substantially impair use, value or safety”, meaning that you can recover your money for even some minor defects.
Common defects jeopardize the safety of riding a motorcycle, making the lemon case stronger than the car case. It is important to collect as much repair documentation as possible. They will support your claim and allow you to settle your claim faster. Also tracking incidents during bike operation also helps. Sales documentation and guarantees provided at the time of sale can make a claim stronger and easier to get a refund.
Owners of a damaged lemon motorcycle can request a motorcycle replacement or full repurchase. The latter will include:
• Full motorbike price or monthly payment and down payment
• Registration fee
• Sales Tax
• Incidental damage
• Vehicle rental fees and crane reimbursement
• Attorney’s fees
However, a small amount of money can be calculated and deducted from the repurchase fee, The amount of money is based on the distance traveled by the motorcycle before the first issue.