Motorcycle Lemon Law

What is the Lemon Law?
California's Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers from being stuck with defective vehicles, including motorcycles. While the Lemon Law is often associated with cars, it also covers motorcycles that fail to meet performance and safety standards. Under the law, if a motorcycle has substantial defects that the manufacturer or dealer cannot repair within a reasonable number of attempts, the owner may be entitled to a refund, replacement, or other compensation.

When Does the Lemon Law Apply to Motorcycles?
Not all issues qualify a motorcycle for Lemon Law protection. For a motorcycle to be considered a "lemon" in California, several conditions typically must be met:

1. Covered by Warranty: The motorcycle must still be under the manufacturer's warranty, as Lemon Law only applies to new or used motorcycles with remaining warranty coverage.
2. Reasonable Repair Attempts: The manufacturer must be given a "reasonable" number of attempts to fix the defect. California does not specify an exact number, but usually, two to four unsuccessful repair attempts are sufficient. A single, serious safety issue (like brake or engine failure) may also qualify with fewer attempts.
3. Substantial Defects: The issue with the motorcycle must impair its use, value, or safety. For example, problems with the transmission, engine, brakes, or electrical systems might qualify, while minor cosmetic issues likely won't.
4. Time and Mileage: Typically, the defect must occur within the first 18 months of ownership or 18,000 miles, whichever comes first. However, the Lemon Law may apply beyond this period if the motorcycle is still under warranty and continues to have recurring issues.

The Process of Filing a Lemon Law Claim for Your Motorcycle
If you believe your motorcycle qualifies as a lemon, you'll need to follow these steps to start the claim process:

1. Gather Documentation: Documentation is critical in a Lemon Law case. Keep all records, including purchase documents, warranty information, and repair receipts. Detailed notes about each issue you've encountered, especially the dates and results of each repair attempt, will strengthen your case.
2. Contact the Manufacturer or Dealer: Before filing a Lemon Law claim, contact the manufacturer or dealership directly. In many cases, the manufacturer will attempt to resolve the issue outside of court.
3. File a Claim: If the manufacturer does not cooperate or the issue remains unresolved, you may need to formally file a Lemon Law claim. It's often beneficial to work with a Lemon Law attorney specializing in motorcycle cases to help navigate the process.
4. Settlement or Trial: If your claim is successful, you may receive a replacement motorcycle, a refund of your purchase price, or cash compensation for the defect.

How to Calculate Your Potential Compensation
California's Lemon Law allows compensation based on your motorcycle's "purchase price minus the value of usage." Here's how it's calculated:

1. Refund: This includes the down payment, monthly payments, and any loan balance.
2. Usage Deduction: A mileage-based deduction may be subtracted, reflecting your motorcycle's use before the first problem.

The Role of a Lemon Law Attorney
While it's possible to handle a Lemon Law case on your own, consulting an experienced Lemon Law attorney can make a big difference, especially with motorcycles where laws can be more nuanced. Attorneys know the ins and outs of California's Lemon Law and are often familiar with manufacturers' tactics. 

Most Lemon Law attorneys offer free consultations and work on contingency, meaning they only get paid if you win your case.

Key Takeaways
California's Motorcycle Lemon Law is a powerful tool for motorcycle owners stuck with defective bikes. Here's a quick recap:
• Warranty Coverage: Lemon Law covers motorcycles still under manufacturer's warranty.
• Repair Attempts: Multiple repair attempts must be documented.
• Substantial Defects: The defect must significantly affect the motorcycle's use, safety, or value.
• Consult an Attorney: A qualified Lemon Law attorney can guide you through the process and improve your chances of a successful outcome.

Final Thoughts
Owning a motorcycle is about freedom, adventure, and the thrill of the ride—not about dealing with constant repairs. If you're dealing with a faulty motorcycle, California's Lemon Law could help you regain the joy of riding. Don't hesitate to explore your options, as the Lemon Law is there to protect you and ensure you're not left with a motorcycle that doesn't live up to its promise.