Does the California Lemon Law Apply to Motorcycles?
When it comes to consumer protection laws for vehicles, the California Lemon Law is one of the most robust in the United States. Officially known as the Song-Beverly Consumer Warranty Act, this law provides Californians with legal recourse if their vehicle fails to meet quality and performance standards. Many are familiar with its application to cars, but there’s less clarity around its coverage for other types of vehicles, such as motorcycles. This post explores whether the California Lemon Law applies to motorcycles and what owners need to know.
Understanding the California Lemon Law
The California Lemon Law was enacted to help consumers who purchase or lease vehicles that turn out to have serious defects or issues that cannot be repaired after a reasonable number of attempts. Under this law, if the vehicle remains defective after the manufacturer has had an opportunity to fix it, the consumer may be entitled to a replacement or refund.
One key aspect of the California Lemon Law is that it covers vehicles that are still under the manufacturer’s original warranty. The law recognizes that if a product is under warranty, consumers have a reasonable expectation for the product to function properly. When it doesn’t, and if the issue is significant enough to substantially impair the vehicle’s use, value, or safety, the law provides a remedy.
Coverage for Motorcycles
The good news for motorcycle enthusiasts and riders in California is that the Lemon Law does indeed apply to motorcycles. As with cars, if a new motorcycle has an issue that is covered by the original manufacturer’s warranty, and if the manufacturer cannot fix the motorcycle after a reasonable number of repair attempts, the purchaser may be eligible for relief under the Lemon Law. Here are the key points motorcycle owners should be aware of regarding the California Lemon Law:
Warranty Period
The defect must occur within the original warranty period provided by the manufacturer. That means the sooner a problem is identified and addressed, the better.
Reasonable Attempt to Repair
The law typically considers that a reasonable number of repair attempts have been made if the motorcycle has been: – In the shop for repairs for the same issue multiple times (usually at least two or three times) within the warranty period, – Out of service for a cumulative total of more than 30 days for repair of warranty problems, or – Subject to a severe defect that is likely to cause death or serious bodily injury if driven and has had at least one repair attempt.
Impairment
The defect must substantially impair the motorcycle’s use, value, or safety. Cosmetic issues or minor problems that don’t affect the motorcycle’s operation might not qualify.
Steps to Take if You Have a Lemon Motorcycle
The California lemon lawyer from Young & Young APC explain the steps you should take If you believe you have a lemon motorcycle:
Document Everything
Keep meticulous records of all repairs, service orders, and communications with the dealer and manufacturer.
Report Your Issues
Report any defects or issues to the dealer or manufacturer as soon as they occur.
Lemon Law Buyback
If you meet the criteria, you may be eligible for a buyback, which typically includes the purchase price of the motorcycle minus a usage fee, or a replacement motorcycle. Legal costs might also be recoverable.
Motorcycle owners in California can take heart in knowing they are protected by the same Lemon Law that applies to automobiles. It’s important to understand the provisions of the law, to keep detailed records, and to seek expert advice if necessary. Knowing your rights and how to proceed can make all the difference in resolving a lemon motorcycle issue effectively.
