Does the California Lemon Law Apply to Motorcycles?

CALIFORNIA’S LEMON LAW FOR MOTORCYCLES

Do you own a defective motorbike, and want to know if there is a California lemon law for motorcycles? The answer to that question is that it is possible to get a California lemon law buyback for a defective motorcycle so long as the mechanical defects occurred while the motorcycle was still under the manufacturer’s warranty; however, in a California lemon law lawsuit some provisions of the lemon law statute will not apply if you are seeking a buyback for a motorcycle instead of an automobile.

Motorcycles Are Included in the California Lemon Law’s Definition of Consumer Goods

It is possible to get a California lemon law buyback for a motorcycle because motorbikes fall under the CA lemon law statute’s definition of “consumer goods.” Specifically, Section 1791(a) of the lemon law statute defines consumer goods to mean “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables.” Since motorcycles are clearly a consumer good (so long as they are not owned by a business or used primarily for business purposes) the California lemon law applies to motorbikes.

Because motorcycles are generally consumer goods, the California lemon law’s buyback provision in Section 1793.2 is triggered if the manufacturer cannot properly repair the motorcycle within a reasonable number of attempts. Specifically, Section 1793.2(d)(1) states that “if the manufacturer … does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or [repurchase them].” Accordingly, if you own a defective motorcycle that the manufacturer cannot repair within a reasonable number of attempts, you may be entitled to a lemon law buyback under the California lemon law.

California lemon law attorney Michael R. Vachon, Esq. accepts California lemon law cases involving motorcycles, so long as the bike was purchased new from motorcycle dealer, and so long as the mechanical problems first appeared during the manufacturer’s warranty period. Call the Law Office of Michael R. Vachon, Esq. toll free at 1-855-4-LEMON-LAW (1-855-453-6665) for your free lemon law consultation about your motorcycle.

California’s Lemon Law for Motorcycles Permits Prevailing Consumers to Recover Their Attorney’s Fees and Civil Penalties

Although some sections of the California lemon law statute do not apply to motorcycles, the most important sections do cover motorbikes. First, under Section 1794(d) of the lemon law statute if a motorcycle owner wins a California lemon law lawsuit then he or she is also entitled to recover his or her attorney’s fees, costs, and expenses from the manufacturer. The California lemon law’s section permitting recovery of attorney’s fees and costs is critically important because it essentially allows you to find an expert California lemon law attorney to represent you on a contingency fee basis, and assures that the manufacturer – and not you – will be responsible for paying your attorney’s fees after you win a lemon law buyback.

The California lemon law’s civil penalty provisions also apply to motorcycles. Section 1794(c) of the lemon law statute permits motorcycle owners to recover a civil penalty of up to two times their actual damages if they can prove that the manufacturer willfully violated the California lemon law’s rules. The CA lemon law’s civil penalty provision is important because it often persuades manufacturers to promptly offer lemon law buybacks quickly, rather than attempting to deny liability and fight a lawsuit all the way to trial.

The California Lemon Law Statutory Presumptions Do Not Apply to Motorcycles

Section 1793.22 of the California lemon law statute contains presumptions regarding how many repair attempts are required before a “new motor vehicle” should be presumed to be a lemon. However, Section 1793.22 states that motorcycles are not included in the definition of “new motor vehicle.” Accordingly, the presumptions that otherwise apply to automobiles do not apply to motorcycles under the California lemon law.

That being said, motorcycle owners do not necessarily need to be concerned about the fact that the California lemon law’s statutory presumptions do not apply to them. Juries in lemon law lawsuits are free to make their own determination of whether or not a motorcycle is a lemon. Therefore, the fact that the California lemon law statute does not contain any presumptions regarding how many repair attempts are required is not necessarily an obstacle to winning a California lemon law lawsuit.

If your motorcycle had numerous repair attempts for the same problem that occurred while the motorcycle was under warranty, call an experienced California lemon law attorney to discuss your case. Even without the California lemon law’s statutory presumptions, you may still be entitled to a lemon law buyback for your motorcycle.

California Lemon Law Attorney Offers FREE Consultations to Motorcycle Owners

At the Law Office of Michael R. Vachon, Esq., we are experts in litigating California lemon law lawsuits, and we offer FREE consultations to motorcycle owners. Call us today toll free at 1-855-4-LEMON-LAW (1-855-453-6665) for your free consultation to see if your motorcycle qualifies as a lemon under the California lemon law statute.

 

The Vachon Law Firm accepts cases ANYWHERE in the State of California:

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