Riding a motorcycle is more than just transportation for many enthusiasts; it’s a way of life.
California is a Mecca for motorcycle owners. With the beautiful coastal highways and landscapes, it’s easy to see why. Unfortunately, motorcycle manufacturers are not immune to mistakes in the factory – and sometimes, a defective unit passes the quality assurance process and makes it into the hands of an unsuspecting consumer.
The good news is there is a motorcycle lemon law in California to protect consumers from defective bikes – just like traditional vehicles. In California, this is known as the Song-Beverly Consumer Warranty Act, or California lemon law.
In this article, we’re going to explain your path to justice under motorcycle consumer rights in the Golden State. Let’s get moving.
Does Lemon Law Apply to Motorcycles?
Yes. both California and federal lemon law provide the same protections for motorcycles as vehicles. If your motorcycle meets the criteria of the state’s laws, it can be processed in the same way as a traditional car purchased for consumer use – and any other eligible vehicle type.
The Basics of Motorcycle Lemon Law in California
The first sign of a defect does not automatically mean your motorcycle is a lemon. To be ruled a “lemon” in the state of California, a motorcycle has to meet certain qualifications, including:
- The motorcycle is covered under the original warranty; and
- The defect was reported to the manufacturer within the terms of this written warranty; and
- The defect substantially impairs the vehicle’s safety, usability, or value; and
- The defect stems from errors in the manufacturing process, not driver abuse or neglect; and
- The motorcycle manufacturer’s certified repair facility has made a reasonable number of attempts to fix the defect, of which were unsuccessful; or
- The motorcycle has been out of service for repairs for 30 or more total days.
The most important factor in any California lemon law claim is the paperwork.
You need to have clear and organized documentation that your motorcycle meets the criteria above. This includes closed repair orders from the certified facility, a copy of the written manufacturer warranty, dates the defect was officially reported, and any communication with the manufacturer.
When communicating with the manufacturer, we recommend using email. This way there is a paper trail of all correspondence – which makes it easier to build the case.
Identifying a Defective Motorcycle
When it comes to motorcycles, certain problems, if persistent and unresolved despite numerous repair attempts, may qualify the bike as a lemon under California motorcycle lemon law. Here are some of the most common issues in motorcycles:
- Engine Problems: Persistent engine stalling, overheating, or failure to start can be major issues. If these problems can’t be fixed after multiple attempts, it may indicate a lemon.
- Transmission Issues: Difficulty in shifting gears, unexpected slipping into neutral, or unusual noises during gear shifts are signs of transmission troubles.
- Electrical System Malfunctions: Recurring problems with the motorcycle’s electrical system, such as battery drain, faulty ignition, malfunctioning lights, or issues with the onboard computer systems can qualify.
- Braking System Defects: Problems with ABS, persistent squeaking or grinding noises, or failure of brakes to respond properly are serious safety issues.
- Fuel System Concerns: Issues like fuel leaks, problems with the fuel injection system, or inconsistent fuel economy can indicate underlying defects.
- Cooling System Failures: Overheating due to radiator issues, leaks, or problems with the cooling fan can be indicative of a lemon.
- Suspension Problems: Persistent issues with shocks or struts, unusual vibrations, or handling issues can be signs of defects.
- Exhaust System Issues: Unusual emissions, excessive smoke, or problems with the catalytic converter can be signs of larger issues.
- Defective Steering Mechanism: Difficulty in steering, unusual stiffness, or alignment problems that persist could qualify for repairs under the motorcycle’s warranty.
- Leaks and Fluid Loss: Recurring issues with oil, coolant, or other fluid leaks that are not resolved can lead to significant problems.
Your Rights Under Motorcycle Lemon Law California
If your bike meets the state’s qualifications of motorcycle lemon law – with defects that the manufacturer cannot repair within a reasonable number of attempts – you have the right to seek a buyback or replacement of the product.
1. Motorcycle Lemon Law Buyback
A buyback involves the manufacturer “buying back” the defective bike for the purchase price minus the motorcycle’s mileage offset. This includes the down payment, all monthly payments made, and the remaining balance of the loan.
In addition to the cost of the bike, the manufacturer is also responsible to pay for the following:
- All official costs – sales tax, registration, etc.
- All incidental costs associated with the defective motorcycle – towing fees, Uber/Lyft/cab fares, hotel stays, etc.
- All attorney fees and court costs.
Important: you will need all receipts, invoices, and records associated with the costs incurred for the defective bike to build your lemon law case.
2. Motorcycle Lemon Law Replacement
A replacement for a lemon motorcycle is relatively straightforward.
This involves the manufacturer providing a different (non-defective) motorcycle in exchange for the defective one. This new bike must be the same model or one of equal value. Unlike a buyback, the manufacturer has to agree to the replacement – they are not legally required to do this.
Consumers opting for replacements are relatively common for defective motorcycles. For instance, Harley-Davidson enthusiasts are extremely loyal to the brand, and many would simply choose to get a replacement motorcycle instead of pursuing a buyback.
3. Seeking Justice: The Path to Compensation
Assuming your vehicle has met all the criteria of motorcycle lemon law in California, the next step is filing a claim.
We highly recommend partnering with a skilled California lemon law firm to manage this process for you. Lemons are very rare, and nearly all affected consumers are facing the process for the first time. Without experience in the state’s motorcycle lemon laws, it will be extremely difficult to earn fair compensation.
Once the claim has been filed, this will initiate negotiations with the manufacturer. You, your lemon lawyer, and the manufacturer will then agree to a settlement for the defective bike by motorcycle consumer rights. When a fair settlement is reached – the manufacturer will pay out the settlement in a lump sum or periodic payments.
The Role of a California Lemon Law Lawyer
Navigating motorcycle lemon law cases can be very tricky. Manufacturers have legal defence teams on retainer to protect them against lemon claims. Even if the bike meets the criteria of motorcycle lemon law in California, they have no intention of taking responsibility and paying a fair settlement.
To reiterate, it will be extremely difficult to manage the lemon law claims and negotiation process without a skilled California lemon law lawyer on your side.
These professionals are well-versed in the intricacies of the motorcycle lemon law – but also have experience in dealing with the tactics motorcycle manufacturers and dealerships use to deny claims.
They know how to present your case effectively, ensuring that all necessary documentation is in order and that your motorcycle consumer rights are defended. With their expertise, they can assess the strength of your claim, guide you through the legal process, and negotiate with the manufacturer on your behalf.
Their role is to fight for your entitlement to fair compensation using California’s lemon laws, taking the legal burden off your shoulders.
Ride with Confidence Knowing Your Rights
The road can be unpredictable, but your motorcycle consumer rights shouldn’t be.
At Cline APC, we represent owners and lessees of defective motorcycles and work to hold manufacturers accountable for selling defective products under California’s lemon law.
If you believe your motorcycle was impacted by manufacturer errors in the factory, get in touch with our team to learn about your options. Even if you don’t have a valid lemon law claim (yet), we are happy to point you in the right direction.
Get in touch with us by calling 888-982-6915, send an email to info@clineapc.com, or schedule a free consultation.
