Beat California Dealers: Motorcycle Lemon Law Relief
California’s Song-Beverly Consumer Warranty Act can protect motorcycles sold with a manufacturer’s written warranty. Even though the special new motor vehicle presumptions usually do not apply to motorcycles, you may still qualify for a refund or replacement if the manufacturer cannot fix a covered defect after a reasonable number of attempts. Need help now? Contact us.
Can Motorcycles Qualify Under California’s Lemon Law?
Yes. When used primarily for personal, family, or household purposes, motorcycles are treated as consumer goods under the Song-Beverly Act if sold with a manufacturer’s express warranty. See Civ. Code § 1791(a) and Civ. Code § 1793.2. Motorcycles generally are not treated as new motor vehicles for the Tanner Act presumptions. See Civ. Code § 1793.22.
What Counts as a Defect?
A qualifying defect is typically a warranty-covered problem that substantially impairs use, value, or safety. Common examples include recurring stalling, braking issues, electrical faults, transmission problems, and persistent warning lights. Wear-and-tear, misuse, or issues caused by unauthorized modifications usually do not qualify.
What Is a Reasonable Number of Repair Attempts?
It depends on the facts. Multiple unsuccessful repair attempts, significant days out of service, or repeated trips to an authorized dealer can show the manufacturer had a reasonable opportunity to fix the defect. Keep every repair order, work invoice, and communication. For motorcycles, you generally prove reasonableness without relying on Tanner Act presumptions. See Civ. Code § 1793.2.
Relief You May Be Entitled To
- Refund (buyback) or replacement if the defect is not fixed after a reasonable number of attempts. Civ. Code § 1793.2(d)(1).
- Incidental and consequential damages such as towing and rental costs, where applicable. Civ. Code § 1794(a).
- Civil penalties up to two times actual damages for willful violations. Civ. Code § 1794(c).
- Attorney’s fees and costs for prevailing buyers. Civ. Code § 1794(d).
New vs. Used Motorcycles
New motorcycles with a manufacturer’s written warranty are covered during the warranty period as consumer goods. Some used motorcycles are covered if the original manufacturer’s warranty still applies. Dealer warranties or service contracts may add separate rights. See Civ. Code § 1791 and § 1793.2.
Steps to Strengthen Your Claim
- Report issues promptly and request warranty repairs through an authorized dealer.
- Ensure each repair order describes symptoms and shows dates and mileage.
- Collect copies of all repair orders and invoices at pickup.
- Track breakdowns, service visits, and days out of service.
- If applicable, follow any dispute resolution process in your warranty booklet. See Civ. Code § 1793.22.
- Consult a California lemon law attorney early.
Practical Tips
- When dropping off the bike, speak the same complaint every time in clear, repeatable terms.
- Ask the advisor to include your exact words on the repair order before you sign.
- If a dealer refuses warranty work, try another authorized dealer and notify the manufacturer in writing.
- Take short, date-stamped videos of the symptom when safe.
Claim Readiness Checklist
- Purchase agreement and warranty booklet on file
- All repair orders and invoices collected
- Timeline of visits and days out of service
- Photos/videos of the issue (when safe)
- Towing, rental, or rideshare receipts
- Written communications with dealer/manufacturer
Dealing With Uncooperative Dealers
If a dealer refuses to document concerns or declines warranty work, insist on a written repair order reflecting your complaint. Seek a second opinion from another authorized dealer and create a written paper trail with the manufacturer’s customer care. Repurchase or replacement duties run against the manufacturer under Song-Beverly. See Civ. Code § 1793.2.
How Long Do You Have?
Deadlines apply and vary by warranty and facts. Act promptly to protect your rights. For general guidance, see the California Attorney General’s page: oag.ca.gov/consumers/general/lemon. An attorney can assess limitation periods and notice requirements based on your documents and repair history.
FAQ
Do I have to give the same dealer multiple chances?
No. You must give the manufacturer a reasonable opportunity, which can include different authorized dealers.
Can I claim for intermittent issues?
Yes, if the defect substantially impairs use, value, or safety and persists despite reasonable repair opportunities. Thorough documentation helps.
Are aftermarket parts a problem?
Modifications that cause or contribute to the defect may defeat coverage; unrelated mods generally should not.
What if my warranty expired?
Coverage typically depends on whether the defect arose and repair attempts occurred during the warranty period, but consult counsel to evaluate specifics.
Why Legal Help Matters
Manufacturers often contest motorcycle claims. A California lemon law attorney can frame defects, establish reasonable repair opportunities, and pursue refund, replacement, damages, and penalties. Fee-shifting can make representation accessible.
Ready to Explore Your Options?
If your motorcycle keeps returning to the shop or spends long stretches out of service, you may qualify for relief under the Song-Beverly Act. Contact us for a consultation.