A lemon motorcycle is a bike with significant defects that affect its safety, value, or usability. These defects typically arise soon after purchase and persist despite multiple repair attempts. Common issues that can classify a motorcycle as a lemon include persistent engine problems, transmission failures, electrical malfunctions, and safety defects.

The Song-Beverly Consumer Warranty Act, commonly known as California’s lemon law, was enacted to protect consumers who purchase or lease vehicles, including motorcycles, that fail to meet quality and performance standards.

The law requires manufacturers to repair, replace, or refund the cost of defective vehicles that meet specific criteria, ensuring consumers are not burdened with unreliable products.

Legal Criteria for a Motorcycle to Be Considered a Lemon Under California Law

Under California law, a motorcycle is considered a lemon if it has substantial defects that remain unresolved after a reasonable number of repair attempts. These criteria include:

• Two or more repair attempts for serious safety defects.
• Four or more repair attempts for other substantial defects.
• The motorcycle has been out of service for 30 days or more due to repairs for any combination of substantial defects within the first 18 months or 18,000 miles.

Types of Vehicles Covered Under the Law, Including Motorcycles

• New Motorcycles: Motorcycles purchased new from a dealer.
• Used Motorcycles: Used motorcycles that are still under the manufacturer’s original warranty.
• Leased Motorcycles: Motorcycles leased from a dealer with a manufacturer’s warranty.

Common Issues in Lemon Motorcycles

Mechanical Problems

Persistent Engine Issues

• Stalling: If your motorcycle frequently stalls while idling or riding, this can indicate a significant engine problem. Persistent stalling can be both inconvenient and dangerous, especially in traffic.
• Overheating: Regular overheating of the engine suggests serious problems with the cooling system or engine components. This issue can lead to more severe engine damage if not addressed promptly.
• Starting Difficulties: Consistent trouble starting your motorcycle, whether it fails to start or takes multiple attempts, can point to underlying engine or electrical issues that need immediate attention.

Transmission Problems

• Difficulty Shifting: If you experience difficulty or resistance when shifting gears, this could indicate transmission problems. Smooth gear shifting is crucial for safe and enjoyable riding.
• Slipping Gears: If your motorcycle slips out of gear unexpectedly or struggles to stay in gear, this is a clear sign of a defective transmission system that may qualify your motorcycle as a lemon.

Electrical and Electronic Failures

Recurring Battery Failures

If the battery frequently dies or fails to hold a charge, it might indicate a defect in the battery itself or the charging system. Repeated battery issues can severely impact the motorcycle's reliability.

Lighting Malfunctions

Problems with the motorcycle's lighting system, such as headlights, brake lights, or turn signals failing to work correctly, pose safety risks and legal issues.

Electronic Control Issues

Malfunctions in electronic components, including the dashboard display, fuel injection system, or ignition controls, can significantly affect the motorcycle's performance and safety.

Safety Concerns

Brake Failures

If the brakes do not respond correctly or consistently, this is a critical safety issue. Brake failures can lead to accidents and are a strong indicator that the motorcycle might be a lemon.

Steering Problems

Difficulty in steering, such as the handlebars feeling loose or unresponsive, can be extremely dangerous and is a serious defect that needs immediate attention.

Structural Defects

Problems with the motorcycle's frame, body, or suspension can compromise the safety and durability of the vehicle. For example, cracks in the frame or issues with the suspension can lead to instability and unsafe riding conditions.

Identifying a Lemon Motorcycle

Signs Your Motorcycle Might Be a Lemon

Frequent, Unresolved Mechanical or Electrical Problems

If your motorcycle consistently has issues that affect its performance, such as persistent engine or transmission problems, recurring electrical failures, or other mechanical defects, it might be a lemon. These problems usually emerge shortly after purchase and do not go away despite multiple repair attempts.

Multiple Repair Attempts Without Resolution

A clear sign that your motorcycle might be a lemon is if it has been taken in for repairs multiple times for the same issue without a successful resolution. If you find yourself returning to the dealership or repair shop frequently, and the problem persists, it indicates that the motorcycle may have significant defects.

Significant Time Out of Service Due to Repairs

If your motorcycle spends a substantial amount of time in the shop and out of service, it might qualify as a lemon. Specifically, if your motorcycle is out of service for a cumulative total of 30 days or more within the first 18 months or 18,000 miles, this could meet the criteria for a lemon under California law.

Importance of Documenting Issues

Meticulously documenting all issues and repair attempts is crucial when dealing with a potential lemon motorcycle. Detailed records provide evidence to support your lemon law claim and demonstrate that you have made reasonable efforts to resolve the defects. Ensure that you record each defect, the symptoms observed, and the impact on the motorcycle’s performance and safety.

Types of Documentation Needed

• Repair Orders: Collect all repair orders from each visit to the service center. These should detail the issues reported, diagnostics performed, and repairs attempted. Make sure these documents are comprehensive and clearly outline the nature of the defect.
• Receipts: Keep all receipts related to the repairs, even if the repairs were covered under warranty. These receipts can demonstrate the financial and time burden caused by the defect.
• Communication with Dealer/Manufacturer: Save all forms of communication with the dealer and manufacturer. This includes emails, letters, phone call logs, and any other correspondence where you reported the defect and discussed repair attempts. Make sure to note the dates, names of representatives you spoke with, and key points discussed.

Steps to Take if You Suspect Your Motorcycle is a Lemon

Documenting Defects and Repair Attempts

Importance of Thorough Documentation

Thorough documentation is critical when dealing with a potential lemon motorcycle. Detailed records provide the evidence needed to support your lemon law claim and demonstrate that you have made reasonable efforts to resolve the defects. Accurate and comprehensive documentation helps establish a clear timeline of events, which is essential for proving that the motorcycle meets the criteria for a lemon under California law.

How to Organize and Maintain Records

• Repair Orders: Keep all repair orders from each visit to the service center. Ensure these documents detail the issues reported, diagnostics performed, and repairs attempted.
• Receipts: Save all receipts related to repairs, including those covered under warranty. These receipts can show the financial burden caused by the defect.
• Communication Records: Maintain records of all communication with the dealer and manufacturer, including emails, letters, and phone call logs. Note the dates, names of representatives you spoke with, and key points discussed.
• Defect Logs: Create a log of each defect, including a description of the problem, when it was first noticed, and how it affects the motorcycle’s performance and safety.

Notifying the Dealer and Manufacturer

How to Formally Notify the Dealer and Manufacturer of the Issues

• Written Notification: Formally notify both the dealer and the manufacturer in writing as soon as you identify a recurring defect. Clearly describe the issue, provide a timeline of the problems, and include copies of your repair records. Be specific about the defect’s impact on the motorcycle’s use, value, or safety.
• Certified Mail: Send your notifications via certified mail or another method that provides proof of delivery. This ensures there is a record of your notification and that the dealer and manufacturer cannot claim they were unaware of the issue.

Importance of Written Communication and Proof of Correspondence

• Creating a Record: Written communication creates a formal record of your efforts to resolve the problem. This record is essential if you need to escalate the issue to a lemon law claim.
• Proof of Attempts to Resolve the Issue: Keeping proof of correspondence demonstrates that you have made reasonable attempts to have the motorcycle repaired. This is a key requirement for a lemon law claim and helps establish that the manufacturer has had sufficient opportunity to fix the defect.
• Legal Evidence: In the event that the issue cannot be resolved amicably and you need to pursue legal action, having a complete and detailed record of all communication will be invaluable. It shows the court that you have diligently followed the necessary steps to address the defect.

Seeking Repairs and Resolution

Options for Getting the Motorcycle Repaired Under Warranty

• Authorized Repair Facilities: Always take your motorcycle to an authorized repair facility specified by the manufacturer. This ensures that the repairs are recognized under your motorcycle’s warranty. Authorized service centers have the necessary expertise and parts to address specific issues covered by the warranty.
• Warranty Coverage: Verify that the repairs are covered under your motorcycle’s warranty. This includes parts, labor, and any diagnostics required. Ensure that all repair orders clearly state that the work is performed under warranty to avoid unexpected costs.

Steps to Take if Repairs Are Unsuccessful

• Multiple Repair Attempts: If the defect persists after the first repair attempt, return the motorcycle to the authorized service center for further repairs. California’s lemon law typically requires that a reasonable number of repair attempts are made before the motorcycle qualifies as a lemon. Document each attempt meticulously.
• Communicate with Manufacturer: If the authorized repair facility cannot fix the issue after several attempts, escalate the problem to the manufacturer. Contact their customer service department and provide all relevant documentation. Request a resolution, such as additional repairs, replacement, or refund.
• Consult a Lemon Law Attorney: If the manufacturer fails to resolve the issue after multiple attempts, consider consulting with a lemon law attorney. They can help you understand your rights and guide you through the process of filing a lemon law claim.