California Motorcycle Lemon Law: Know Your Rights!

There are few things that are more disappointing than buying or leasing a new motorcycle and having it not work and end up in the shop for days on end. If this sounds like you, you may have found yourself recently wondering what the California motorcycle Lemon Law is and what rights you are entitled to.

It’s important for riders to understand how the law works, as well as be aware of the recent legislative changes. Due to the ongoing changes and complications that can arise with these legal claims, many riders chose to hire a Lemon Law attorney to improve their chances of a full buyback or replacement.

What Is the California Motorcycle Lemon Law?

The Lemon Law in California refers to the statutes that protect buyers of new consumer goods, including street-legal motorcycles, that come with a manufacturer’s warranty. If a motorcycle has a substantial defect that affects its use, value, or safety and the manufacturer can’t fix it after a reasonable number of attempts, the law can require the manufacturer to repurchase or replace the bike. The law also provides for payment of reasonable attorneys’ fees to successful claimants in many cases.

The California Lemon Law defines several key aspects, including:

• Covered Vehicles: New motorcycles sold or leased in California that were purchased for personal, family, or household use and that are still under the manufacturer’s new-vehicle warranty. Off-road bikes not registered for highway use are generally excluded.
• Who Can Bring a Claim: The purchaser or lessee, and sometimes household members, are under the warranty.
• Types of Relief: Refund/buyback, replacement motorcycle, or a cash settlement that accounts for diminished value, repairs, and incidental costs.

When Does a Motorcycle Become a Lemon?

Although every situation is different and there isn’t a single formula to depict if the motorcycle is a lemon, there are certain criteria it must meet before the declaration. These include: 

• Multiple repair attempts for the same defect, including four or more for recurring non-safety issues or fewer for serious safety defects.
• The motorcycle was out of service for a cumulative period of around 30 days during the warranty period.
• A defect that continues to substantially impair safety or use despite repeated repairs.

It’s important for you to document every service visit, retain repair orders, and note dates and symptoms. Having a paper trail significantly increases your chances of a positive outcome.

Recent Legislation and Statistics

According to national safety data, motorcyclist fatalities and injuries remain a notable portion of traffic trauma. In 2023, there were 6,335 motorcyclist deaths nationally and tens of thousands of injuries, underscoring why safety-related defects on two-wheelers are taken seriously. That same year, the state saw over 22,000 Lemon Law claims filed. These continuous traffic incidents, as well as the increase in Lemon Law cases throughout the state, prompted legislative changes.

California’s Lemon Law landscape saw important updates recently. The new bill makes amendments that impact requirements, statutes of limitation, and administrative procedures prior to filing a suit. These changes impact how and when you must notify the manufacturer before filing suit and may alter procedural deadlines, making it more important than ever to act promptly and follow the new notice requirements exactly.

What You Should Do If You Think Your Motorcycle Is a Lemon

• Document everything. Keep copies of purchase contracts, the warranty, all repair orders, emails, and notes about symptoms and safety concerns.
• Follow warranty repair procedures. Give the manufacturer a reasonable opportunity to fix the defect by returning the motorcycle to authorized dealers and keeping clear records of each visit.
• Send any required notices prior to a claim. Under the recent amendments, certain notice steps may be mandatory prior to filing a claim, and failure to do so can jeopardize your claim.
• Check timelines. Statutes of limitation and deadlines changed in some respects, making timely action a matter.

Hire a Lemon Law Attorney

Many riders decide to hire a motorcycle Lemon Law attorney to help them navigate the legal field for these claims. Some of the ways the lawyers can assist include: 

• Experience with notice rules prior to claims.
• Negotiation leverage.
• Contingent fee arrangements.
• Maximized recovery.

FAQs About Motorcycle Lemon Law in California

Does California Lemon Law Apply to Motorcycles?

California’s Lemon Law does apply to street-legal motorcycles that come with a manufacturer’s warranty. If a new or newly leased motorcycle has a substantial defect that affects safety, value, or use, and the dealer can’t repair it after a reasonable number of attempts, you may qualify for a buyback, replacement, or cash settlement. Off-road or non-registered dirt bikes are generally excluded, but most highway-approved motorcycles are fully protected.

What Qualifies for the California Lemon Law?

A vehicle qualifies under California Lemon Law when it has a significant defect covered by the manufacturer’s warranty that impairs safety, use, or value, and the manufacturer fails to fix it after a reasonable number of repair attempts. This can mean repeated visits for the same issue or the vehicle being in the shop for an extended time. The defect must occur within the warranty period, and detailed repair documentation is essential.

Is Lemon Law Hard to Prove?

Proving a Lemon Law claim can be challenging but manageable with proper documentation. You must show that the motorcycle or vehicle had a substantial defect, that the manufacturer was given a reasonable number of repair attempts, and that the issue persisted despite repairs. Clear records of repair visits, dates, symptoms, and communications with the dealer are critical. Working with an experienced Lemon Law attorney can make the process much easier and improve your chances of success.

What Is the 7500 Mile Rule in California?

The 7,500-mile rule in California is a guideline used in some Lemon Law cases to determine if a vehicle defect qualifies as a lemon. If a new motorcycle or car develops a substantial defect within the first 7,500 miles, it strengthens the claim that the manufacturer failed to provide a reliable vehicle. This is especially relevant for defects affecting safety or use.

California Lemon Law Attorney

The California motorcycle Lemon Law gives riders powerful tools to avoid being stuck with an unsafe or chronically defective bike. Recent legal changes make timely action and strict compliance with pursuit rules more important than ever. Suppose your motorcycle spends more time in the shop than it does for you to hire a Lemon Law attorney. Get in contact with Lemon Law Pro today for a free consultation. Our clients never receive a bill for our services.