California Motorcycle Lemon Laws
- Motorcycles may fall under California's Lemon Laws.motorcycle image by Bionic Media from Fotolia.com
Lemon laws were created to protect consumers and to assure that the vehicles they've purchased or leased are not defective. The California Song-Beverly Consumer Warranty Act, the state's version of lemon laws, applies to vehicles including motorcycles that are under manufacturer's or extended warranty. In California, if a motorcycle is found to be defective and meets the criteria of what the state considers to be a "lemon", there are actions the consumer can take to receive a replacement motorcycle or a monetary award. - In order to be defined a "lemon" in California, the motorcycle in question must be registered in the state and under warranty. California defines a motorcycle a "lemon" if the motorcycle has significant defects occurring within the first 18 months from the original purchase or the first 18,000 miles or through the entire warranty period if longer. Other defining lemon law criteria include: if "the motorcycle has been taken in four times for the same problem or has been out of service for more than 30 days since original delivery; the motorcycle has been taken in two times for repair of a defect that could cause death or serious bodily injury."
Check the owner's manual to determine if notification of defects to the manufacturer is required. - Challenges to the California lemon law are handled through the California Department of Consumer Affairs Arbitration Certification Program. The consumer requests arbitration with the manufacturer and a third party arbitrator determines an outcome. If the manufacturer does not participate in arbitration, the consumer may choose to hire an attorney to pursue the matter in court.
Arbitration is free and a decision is made within 40 days of the department's receipt of a request. - Arbitration can result in one of several outcomes including replacement of the motorcycle, additional repairs required, refund of the purchase price, refund for expenses such as towing and rental cars; and refunds for sales tax, finance charges, and attorney's fees. It is possible that the arbitrator may decide on no award if they determine the motorcycle did meet the California Lemon Law criteria.