When you buy a motorcycle, either from a previous owner, or from a dealer, you expect to run properly. Having to repair the vehicle on and on should make you a bit suspicious. Failing to properly function after a consecutive number of repair attempts is a clear sign that you deal with what is commonly known as a “lemon”. We know that there are specific consumer laws regarding lemon car in California, but does the law also cover lemon motorcycles?
Yes, motorcycles fall within the scope of California’s Lemon Law. If you have had repeated warranty repairs or excessive time in the repair shop, then you should call a lemon law lawyer for further assistance. California law covering motorcycles, trailers and boats is a bit different that 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 lemon laws if they are sold with a written warranty and they are bought for personal or household use. Just like cars, consumer goods must be subjected to a reasonable number of repairs before being declared “lemons”. But, unlike cars, a manufacturer can repurchase the product or replace it in order to fulfill its obligations under the California’s lemon law. The good news is that the found defect need not “substantially impair the use, value or safety”, meaning that you can recover your money even for some minor defects.
Typical defects compromise the safety of driving a motorcycle, making lemon cases stronger than in the case of cars. It is important to collect as much of the repair documentation as possible. They will support your claim and will allow you to settle the claim faster. Also keep track of incidents during operation of the bike is also helpful. Sale documentation and warranties provided at the time of sale can again make a claim stronger and easier to obtain a refund.
Owners of faulty, lemon motorcycles can ask for a replacement motorcycle or a full buyback. The latter will include:
• Full motorcycle price or paid monthly payments and down payment
• Registration fees
• Sales tax
• Incidental damages
• Vehicle rental cost and towing reimbursement
• Attorney`s fees
However, a small amount of money may be calculated and deducted from the repurchase costs, The sum of money is based on the mileage that the motorcycle was driven for prior to the first problem.