California Motorcycle Lemon? Win Fast Under the Lemon Law

Does California’s Lemon Law Cover Motorcycles?

Often, yes, but with important limits. California’s Song-Beverly Consumer Warranty Act applies broadly to consumer goods sold with express warranties for personal, family, or household use (Civ. Code § 1791(a); § 1793.2(a)-(b)). Motorcycles sold or leased with a written warranty typically fall within this consumer-goods coverage. However, the Act’s specific “new motor vehicle” refund-or-replace remedy and presumption were designed for passenger vehicles and related categories and do not include motorcycles (§ 1793.2(d); § 1793.22). The California Attorney General’s consumer alert also explains how the law applies and where it is limited (CA Attorney General: Lemon Law).

Bottom line: Motorcycle owners can bring Song-Beverly claims for warranty nonconformities, but the automatic buyback/replacement mechanism and statutory presumption that apply to new motor vehicles generally do not apply to motorcycles.

What Makes a Motorcycle a “Lemon”?

For motorcycles treated as consumer goods under Song-Beverly, a viable claim typically involves a defect covered by an express warranty that the manufacturer (through its authorized repair facilities) fails to repair after a reasonable number of attempts (Civ. Code § 1793.2(a)-(b)). Examples include recurring stalling, braking or electrical failures, or persistent warning lights, especially when they affect safety or functionality.

Note: The statute’s “substantially impairs use, value, or safety” language appears in the new motor vehicle presumption (§ 1793.22(b)). While motorcycles generally do not fall under that presumption, substantial impairment is still a practical benchmark when evaluating defect severity.

New vs. Used Motorcycles

• New motorcycles: If sold with a manufacturer’s written warranty, defects arising and repair attempts during the warranty period can support a Song-Beverly claim under the consumer-goods provisions.
• Used motorcycles: Claims may be viable if the bike is still under the original manufacturer’s warranty, a manufacturer-backed certified pre-owned warranty, or a dealer-provided written warranty. Motorcycles sold “as is” without any written warranty typically are not covered by Song-Beverly’s express-warranty remedies (other consumer laws may still apply).

Your Remedies: Buyback, Replacement, or Cash Settlement

Remedies depend on how the law applies to your motorcycle and how the case is resolved:

• New motor vehicle remedy (generally not for motorcycles): For covered new motor vehicles, the manufacturer must replace or repurchase the vehicle if it cannot be repaired after a reasonable number of attempts, with a statutory mileage-based offset (Civ. Code § 1793.2(d)).
• Motorcycles as consumer goods: You can seek damages and other legal or equitable relief if the manufacturer fails to conform the motorcycle to the express warranty after a reasonable number of repair attempts (§ 1794(a)-(b)). In practice, outcomes often include a refund (rescission/restoration of consideration), a voluntary replacement, or a cash-and-keep settlement. Where willful violations are proven, civil penalties up to two times actual damages may be available (§ 1794(c)).
• Attorney’s fees and costs: Prevailing buyers may recover reasonable attorneys’ fees, costs, and expenses under the fee-shifting provision (§ 1794(d)).

How to Move Fast on a Motorcycle Lemon Claim

• Document everything: Keep repair orders, dates in/out, mileage, work performed, and communications.
• Use an authorized facility: Repairs at authorized centers count toward warranty attempts (§ 1793.2(a)-(b)).
• Report promptly: Do not delay reporting recurring issues during the warranty period.
• Avoid modifications: Mods that cause or contribute to the problem can jeopardize coverage.
• Consult counsel early: An attorney can press the manufacturer and avoid pitfalls.

Deadlines and Why Acting Quickly Matters

Warranty and legal deadlines can be outcome-determinative. The timing of defect appearance, warranty duration, and filing deadlines can vary. Because missing a deadline can jeopardize your claim, speak with a California lemon law attorney as soon as you suspect your motorcycle is defective.

What to Expect in the Process

• Case review: We assess your repair history, warranty status, and defect impact.
• Notice and demand: We notify the manufacturer and demand appropriate remedies under Song-Beverly.
• Resolution path: Many cases resolve by negotiation; others proceed to litigation or available dispute programs.
• Fees: In qualifying cases, California’s fee-shifting can reduce or eliminate out-of-pocket costs (Civ. Code § 1794(d)).

Frequently Asked Questions

Do recalls count?

Recall work can be part of your repair history, but eligibility turns on whether a warranty-covered defect remains unrepaired after reasonable attempts.

What if the issue is intermittent?

Intermittent defects can support a claim. Ensure each visit documents your symptoms and the testing performed.

Can performance mods hurt my claim?

Yes. If a modification contributes to or causes the defect, it can undermine coverage.

Do I have to accept a replacement?

For motorcycles pursued under consumer-goods provisions, outcomes are typically negotiated or ordered by a court; you generally are not required to accept a replacement unless you agree.

Next Steps

If your motorcycle keeps returning to the shop for the same safety or performance problems, gather your records and warranties and contact a California lemon law attorney. We can evaluate your options and push for a refund, replacement, or settlement. Contact us to get started.

Sources

• Cal. Civ. Code § 1791 (definitions, including consumer goods)
• Cal. Civ. Code § 1793.2 (manufacturer obligations; replacement/repurchase for new motor vehicles)
• Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act presumption; scope of new motor vehicle)
• Cal. Civ. Code § 1794 (damages, civil penalties, attorneys’ fees)
• California Office of the Attorney General: Consumer Alert – California’s Lemon Law

California-specific disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Laws and results vary with specific facts. Consult a qualified California attorney about your situation.