Imagine buying new high-performance jet skis, ready for the open water. You expect speed, precision, and reliability as advertised. But for one owner, his excitement was ruined when his new 2022 Sea-Doo began stalling on water and breaking down.
Right from the start, the plaintiff’s Sea-Doo underperformed. In just two years, the sport watercraft faced a series of mechanical issues that made the plaintiff lose all confidence. His vessel took on water multiple times. It failed to start and even stalled while in use.
Hull flooding: The vessel began bogging down and losing power. Technicians soon discovered water had entered the hull and reached the bottom of the motor.
Stalling: At one point, the vessel ran for only two minutes, then stalled and did not turn back on. Upon further inspection, technicians found the motor and cylinder were filled with water.
No-start display: Eventually, the Sea-Doo failed to start altogether. After dying while in use, it had to be towed back to the dock.
How the Song-Beverly Act protects boaters
California’s consumer protection statutes are designed for situations exactly like this. When a manufacturer like BRP USA, Inc. is given multiple opportunities to fix a personal watercraft defect and fails to do so, consumers can take action.
Under the Song-Beverly Act, if a manufacturer cannot conform a vehicle to its watercraft warranty after a reasonable number of repair attempts, they are legally obligated to repurchase or replace the vessel.
In this case, BRP USA, Inc. failed to diagnose and repair a persistent pattern of electrical and mechanical problems. Because these defects significantly impaired the safety, use, and value of the craft, Sea-Doo lemon law provides a clear path for the plaintiff to pursue a lemon claim and get their money back.
Dangerous watercraft defects that qualify under Song-Beverly
The Sea-Doo case is a reality no boater should ever have to face. Owners shouldn’t be stuck with a warranty nonconformity that damages their investment and puts them in danger.
But not every watercraft problem is a lemon law case. To qualify as such, defects must come from manufacturing errors rather than normal wear and tear, negligence, or improper maintenance. Common defects include:
- Broken communication systems or navigation gear
- Delamination
- Drivetrain failures
- Failure to start
- Faulty steering
- Fuel leaks
- Inability to reach expected speeds
- Motor flooding
- Overheating
- Persistent electrical shorts
- Stalling while riding
- Stress cracking in the fiberglass
- Safety equipment defects or structural failures that pose immediate drowning, fire, or collision hazard
- Water ingestion
While each of these alone can cause serious problems, simply having a recurring defect isn’t enough. To meet the legal requirements of the Song-Beverly Act, a defect must compromise the safety, use, or resale value of the vessel.
The manufacturer or authorized dealer must also be given a reasonable opportunity to fix the safety impairment. For the vehicle to fall outside this provision, the owner must experience:
- More than 2 failed attempts for a severe, life-threatening safety defect.
- More than 4 failed attempts for general functional defects.
- The watercraft spends a cumulative total of 30 or more days out of service in the repair shop.
What BRP USA owes you when repairs repeatedly fail
When a manufacturer does not repair a covered defect, or purposefully refuses to honor the BRP warranty, consumers are entitled to lemon law relief. Under Song-Beverly § 1793.2, a watercraft repurchase demand includes a buy back and reimbursement for the purchase price, registration fees, finance charges, and other qualifying costs.
In some cases, a mileage offset, or use-based offset, may apply. A use-based offset is a fee deducted for the use of a vessel before the defect first appears. Because boats are measured by engine hours rather than miles, an offset is often calculated using “engine hours of use” or a percentage of standard wear-and-tear.
In cases involving willful noncompliance, the manufacturer may also owe a civil penalty of up to two times the consumer’s actual damages, plus attorney fees. This is meant to hold manufacturers accountable and prevent them from violating the law in the future.
BRP has a duty to honor its warranty, not leave you trapped in a cycle of failed repairs. If you’ve been stuck with a defective vessel the manufacturer won’t fix, you deserve answers and action. Contact us today for a free case evaluation before your warranty window closes.