- October 17, 2016
- Categories: Lemon Law
There’s an all too common misconception about California’s “Lemon Law” – that it applies only to cars. Some in the Golden State have the feeling that if they purchased a motorcycle that isn’t up to appropriate standards, that they are out of luck. That simply isn’t true.
California Lemon Law Covers Many Motorcycles
California’s Lemon Law applies to the purchase or lease of “consumer goods.” § 1791(a) of the Lemon Law defines consumer goods as “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.” As long as the motorcycle isn’t owned by a business or used primarily for business purposes, the Lemon Law applies.
Lemon Law Requirements
Just as the California Lemon Law doesn’t cover all cars, it similarly doesn’t cover all motorcycles. To be covered, the motorcycle owner must meet the following requirements:
- The owner must show that he or she legally purchased or leased the motorcycle in California,
- The motorcycle must be covered by a legitimate warranty that provides coverage for the type of damage or defect the owner has experienced,
- The owner must be able to show that he or she took the motorcycle to an authorized repair center in an attempt to get the problem fixed, and that after a “reasonable” number of attempts to repair the defect or defects, problems persisted.
Motorcycle Owners May Also Be Entitled to Attorney’s Fees and Civil Penalties
An individual motorcycle owner or lessee is at a disadvantage when it comes to owning a lemon. Not only is the bike that you paid good money for defective, the motorcycle manufacturer has an army of lawyers who are available to fight your claim. California’s Lemon Law tries to level the playing field in that regard. Under § 1794(d) of the law, if a motorcycle owner (or lessee) wins his or her California Lemon Law court claim, he or she is entitled to recover reasonable attorney’s fees, costs, and allowed expenses from the manufacturer.
Additionally, the Lemon Law allows a motorcycle owner to recover a civil penalty of up to two times the actual damages if he or she can prove that the manufacturer willfully violated the California lemon law’s rules. This provision is important, in that it generally provides an incentive for the manufacturer to make a legitimate settlement offer to the owner of the bike.
Lemon Law Claims Require Experienced Legal Counsel
Does it seem like your motorcycle has spent as much time being repaired as it’s spent in your garage? Have you joked that you were going to paint your bike yellow because it’s a lemon? If so, you may have recourse against the dealer or the manufacturer.
The law firm of Neale & Fhima, LLP stands ready to assist you. Working in Dana Point, San Diego, and Los Angeles, our firm is dedicated to providing excellent legal representation to those with Lemon Law claims. We have obtained countless Lemon Law settlements for consumers throughout the state. We have helped clients recover civil penalties against manufacturers based upon their intentional malfeasance. Within our legal practice the client is not reduced to a file number. Request a free consultation by calling us at 1-888-407-2955 or completing our online form.