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Have you purchased a new motorcycle that seems to spend more time in the shop than it does on the road? If your bike is under warranty and you cannot get the manufacturer to properly repair after making a reasonable number of attempts, you may be entitled to a replacement or refund under California’s lemon law. Off road motorcycles not intended to be used on the highways for personal use are excluded from the California lemon law.
California’s Leading Motorcycle Lemon Law Attorney
California lemon law attorney Jacob K. Kashani, specializes in helping consumers who have purchased motorcycles that have turned out to be lemons. We understand how frustrating it can be to own an unreliable bit that you are afraid to use because you fear getting stranded and we are committed to helping customers who have unknowingly purchased a defective motorcycle.
California’s Lemon Law for Motorcycles
Motorcycles are treated as consumer goods under California’s lemon law and are covered if they are sold or leased as new with a written warranty and are intended for personal, family, or household use. If there are substantial defects to the motorcycle, you must give the manufacturer the opportunity to make repairs under the warranty. Once you have made “a reasonable number of attempts” to repair the bike with no success, it should qualify as a lemon and the manufacturer will be required to either replace the bike or to repurchase it.
The lemon law does not cover motorcycles that are purchased for off-road use that are not registered for highway use.
How Does the Lemon Law Work?
If you have made a reasonable number of attempts to repair the motorcycle and the manufacturer is refusing to either replace it or repurchase it, California’s lemon law allows you to file a lawsuit against the manufacturer. It is important to note that under California’s lemon law if a motorcycle owner wins in court, they can recover attorneys’ fees and expenses from the manufacturer. This allows you to have a lawyer represent you in your lawsuit without worrying about coming up with the money to pay for it.
Additionally, California’s lemon laws have civil penalty provisions that apply to motorcycles. Those provisions allow motorbike owners to recover civil penalties of up to twice their actual damages if they can prove the manufacturer willfully violated the state’s lemon laws.
Common Problems in Motorcycle Lemon Law Cases
The problems in most motorcycle lemon law cases are often similar to those for cars in that they stem from repairs that were performed in an authorized facility. Another common issue is that the motorcycle has spent an unacceptable number of days in the shop. Finally, because motorcycles are less stable than cars and lack the same safety features, many manufacturing defects are likely to create safety issues.
What Makes a Motorcycle a Lemon?
Common problems that are experienced by motorcycle owners who have purchased a lemon include:
- Engine malfunctions or failure
- Electrical system malfunctions
- Brake malfunctions
- Steering malfunctions
- Lack of power
- Design defects
Think You Bought a Lemon?
If you think your motorcycle might be a lemon you will need to keep detailed records of your attempts to get it repaired. Many motorcycle shops do not do a good job of documenting repairs, so you may need additional records to show that you gave the manufacturer a reasonable opportunity to make repairs.
Additionally, you should keep a record of all of the issues that you may have had related to the defect. Often a problem occurs multiple times before you think to take it to get repaired and you want to document each incident. This can also be helpful in showing that the problems arose while the bike was under warranty.
Finally, you need to be aware of your motorcycle’s mileage. In most cases, the warranty will only cover a bike for a certain number of miles and you want to make sure you do not exceed that number.
When to Contact a Lemon Lawyer
If you have taken your new motorcycle for repairs that were covered under warranty, but the bike is still not performing as it should, you should contact a lemon lawyer to discuss your situation. You only have a limited time to file your claim under California’s lemon law, so if you have questions about a possible claim you should reach out to the attorneys at The Law Office of Jacob K. Kashani for a free consultation before time runs out.