Kara Sears
Lemon laws are a form of consumer protection that recognises buyers should not have to accept the financial consequences of buying a defective product. While lemon laws are often associated with cars, the federal Lemon Law and most state lemon laws also apply to motorcycles. However, there are some differences in how the law is applied to motorcycles compared to cars, trucks, and SUVs. For example, in some states, the lemon law for motorcycles falls under the category of consumer goods, and the law may require the manufacturer to direct the consumer to an authorised repair facility for a reasonable number of repair attempts.
| Characteristics | Values |
|---|---|
| Do lemon laws apply to motorcycles? | Yes, the federal Lemon Law and most State lemon laws apply to motorcycles. |
| Which states exclude motorcycles from their lemon laws? | District of Columbia |
| What can you do if you've bought a lemon motorcycle in a state that excludes motorcycles from its lemon law? | You can pursue compensation under the Magnuson-Moss Warranty Act. |
| What is the lemon law for motorcycles? | The Song-Beverly Consumer Warranty Act, otherwise known as California's lemon law, applies to the purchase or lease of "consumer goods," including motorcycles. |
| What defects can trigger the lemon law? | Ignition, exhaust, and fuel system flaws, wheel and tire defects, engine malfunctions or failure, electrical system malfunctions, steering malfunctions. |
| What is the definition of a "lemon"? | A motorcycle is a lemon if it consistently fails to perform the way your warranty promises. It is also a lemon if it requires constant repairs even though it is new. |
| What do you need to do to prove your motorcycle is a lemon? | You must make a reasonable number of attempts to get the motorcycle repaired by a certified dealer and show that you made a good-faith effort to get the motorcycle fixed, but the defect persisted. |
What You'll Learn
What constitutes a 'lemon' motorcycle?
Lemon laws apply to motorcycles in many states, but the laws vary. Generally, a motorcycle is considered a lemon if it consistently fails to perform as promised by the warranty, or if it requires constant repairs despite being new.
In states that cover motorcycles under lemon laws, the motorcycle is often covered if the purchaser or lessee received an express warranty (written warranty) and the bike was purchased primarily for family, household, or personal purposes.
The law permits the manufacturer to direct a consumer to an authorized repair facility for a reasonable number of repair attempts. The manufacturer can then choose to replace or repurchase the product. However, in some states, motorcycle lemon laws are more liberal than those covering other motor vehicles. For example, the defect may not need to have substantially impaired the value, use, or safety of the vehicle.
In California, for example, the motorcycle lemon law is identical to car lemon law as long as the motorcycle is registered under the Vehicle Code as being operated on-road.
In states that do not cover motorcycles under lemon laws, such as the District of Columbia, Pennsylvania, and Delaware, consumers can pursue compensation under the Magnuson-Moss Warranty Act.
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What to do if you think you've bought a lemon motorcycle
If you think you've bought a lemon motorcycle, there are several steps you can take to protect yourself and seek recourse. Here's a guide on what to do:
Keep Detailed Records:
It is important to maintain detailed records of all repair attempts, conversations with mechanics or manufacturers, and any other relevant information. Create a folder with all repair details and notes. The more evidence you have, the stronger your case will be if legal action is necessary.
Act Promptly:
Don't delay in addressing the issues with your motorcycle. As soon as you discover a problem, seek repairs and keep track of the process. Lemon laws often have timeframes and mileage limits within which lemons must be reported, so acting promptly is crucial.
Understand Your Rights:
Educate yourself about your rights as a motorcycle owner, specifically regarding lemon laws in your state or country. Know the specific laws that apply to motorcycles, as they may differ from those for other vehicles. Understand the requirements for a motorcycle to be considered a lemon, such as the number of repair attempts or days in the shop.
Contact a Law Firm:
Consider consulting a lemon law attorney who has experience with motorcycle cases. They can evaluate your evidence, explain your legal options, and guide you through the process of seeking recourse, whether through a lawsuit, arbitration, or other means.
Be Aware of Safety Hazards:
Even minor defects in a motorcycle can pose serious safety risks. Do not ride your motorcycle if you have discovered a problem, even if it has been recently repaired. Your safety should be a top priority.
Keep Track of Mileage:
Pay attention to your motorcycle's mileage, as lemon laws often have mileage limits within which claims must be made. If your motorcycle requires extensive repairs early on, report these issues to the manufacturer promptly to ensure your case remains valid under the law.
By following these steps, you can protect yourself and increase your chances of successfully resolving a lemon motorcycle claim. Remember that laws may vary depending on your location, so be sure to consult with a knowledgeable attorney in your area.
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State vs federal lemon laws
Lemon laws apply to motorcycles in most states, but there are some differences between state and federal lemon laws. While the federal lemon law applies to all consumer products, including motorcycles, some states explicitly exclude motorcycles from their lemon laws. For example, the District of Columbia's lemon law does not cover motorcycles.
State lemon laws often cover motorcycles as "consumer goods," and they frequently apply if the purchaser received an express or written warranty and the motorcycle was bought for family, household, or personal use. In some states, motorcycle lemon laws are more liberal than those covering other motor vehicles. For instance, a defect may not need to significantly impair the vehicle's value, use, or safety to qualify as a lemon.
The process for resolving lemon law disputes can vary between states. In some states, you may need to hire an attorney and take the manufacturer to court. Other states may require you to first present your case to an arbitration board or use an Informal Dispute Resolution process before filing a lawsuit.
Federal lemon law, also known as the Magnuson-Moss Warranty Act, serves as a safety net for consumers in states that do not include motorcycles in their lemon laws. This federal law applies to all consumer products, ensuring that motorcycle owners can seek compensation for defective vehicles even if their state law does not specifically cover motorcycles.
It is important to note that the specific lemon laws and their applicability to motorcycles can vary from state to state. Therefore, it is always advisable to consult with a lemon law attorney or refer to your specific state's lemon law statutes for detailed information.
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What to do if your state's lemon law doesn't cover motorcycles
If your state's lemon law doesn't cover motorcycles, you still have several options to pursue compensation or other forms of recourse. Here are some steps you can take:
Understand Federal Lemon Law and Other Consumer Protection Laws
Even if your state's lemon law doesn't cover motorcycles, the federal lemon law may still offer you protection. The federal lemon law, also known as the Magnuson-Moss Warranty Act, provides consumers with rights and remedies for defective products, including motorcycles. This law applies nationwide, so it can be a valuable option if your state law doesn't cover motorcycles.
Consult with a Lemon Law Attorney
Consider consulting with a lemon law attorney who has experience in handling motorcycle cases. An attorney can review your specific situation and determine the best course of action. They can also explain your rights and guide you through the legal process, which can be complex. Lemon law attorneys often offer free initial consultations, so you can get this information at no cost.
Gather and Organize Documentation
Start gathering and organizing all the documentation related to your motorcycle's repairs and interactions with the manufacturer or repair facilities. This includes repair invoices, warranty information, and a detailed record of your motorcycle's repair history. It's important to keep a chronology of your experience, including service appointments, phone calls, complaints, and other relevant interactions. This documentation will be crucial if you decide to pursue legal action.
Understand the Manufacturer's Responsibilities
While you're preparing your case, it's important to understand that the manufacturer has the right to direct you to an authorized repair facility for a reasonable number of repair attempts. The law also gives the manufacturer the option to choose between replacing or repurchasing the product if it's deemed defective. Keep in mind that you must prove that you sought timely repairs, gave the manufacturer a reasonable number of attempts to correct the issue, and did not neglect or misuse the motorcycle.
Preserve Your Claim
To strengthen your claim, it's important to preserve all relevant documentation and create your own repair chronology if necessary. Keep a record of any incidents or issues that occur during riding, as they may be related to the defect. All warranty and sale documentation should be saved, as they can support your claim and make obtaining a refund or other compensation easier.
Contact the Manufacturer
Before taking legal action, you may want to contact the manufacturer directly and explain your situation. Send a written demand letter outlining the issues you've faced and the steps you've taken to resolve them. This demonstrates that you've made a good-faith effort to resolve the issue without litigation.
Remember, each state's laws are unique, and you may have additional options or protections beyond what is mentioned here. Consulting with a knowledgeable lemon law attorney in your state is the best way to understand your specific rights and options.
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How to prove your motorcycle is a lemon
Lemon laws apply to motorcycles in most states, but the laws vary depending on the state. In California, for instance, the motorcycle lemon law is identical to car lemon law as long as the motorcycle is registered under the Vehicle Code as being operated on-road.
Timely Repairs
You must prove that you sought immediate repairs as soon as you noticed the problem. Keep a record of all your interactions with the repair shop or dealership, including the dates and details of each visit.
Detailed Records
Maintain detailed records and invoices of your motorcycle's repair history. Organise all the documents from day one to generate a clear chronology of your experience with your motorcycle.
Reasonable Effort to Seek Correction
Prove that the manufacturer or its representative failed to fix the issue after a "reasonable number of attempts". This can vary depending on the circumstances but may be as little as four repair attempts or 30 days cumulatively.
No Neglect or Misuse
Show that you did not cause or contribute to the problem in any way. The defect should not be a result of operator error, neglect, or abuse.
Incident Records
Keep a record of any incidents that occurred while riding and that might be related to the defect.
Warranty and Sale Documentation
Save all warranty and sale documentation as they might give rise to independent claims, making it easier to obtain a refund.
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Frequently asked questions
Yes, the federal Lemon Law and most state lemon laws apply to motorcycles.
The Song-Beverly Consumer Warranty Act, otherwise known as California's lemon law, applies to the purchase or lease of "consumer goods," including motorcycles.
Common issues in motorcycle lemon law cases include the number of days a motorcycle is in the shop, and the inherent risk of riding a less stable two-wheeled vehicle without the safety features of a passenger car, which can make defects more likely to cause safety issues.
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 adequately document repairs, so you may need to provide additional records showing that you gave the manufacturer a reasonable opportunity to make repairs.
Some examples of motorcycle defects that could trigger lemon law protection include ignition, exhaust, and fuel system flaws, as well as wheel and tire defects.
