Lemon law protections don’t just apply to cars — they include motorcycles too. If you have a motorcycle that is chronically defective or unsafe while under warranty, you may have a valid off-road motorcycle lemon law claim.
Under the Song-Beverly Consumer Warranty Act, a motorcycle may qualify as a lemon if it has substantial defects that persist after multiple repair attempts — or spends 30 or more days out of service.
Motorcycles are classified as “consumer goods” instead of vehicles. While this changes the application of certain protections, the law still allows owners to pursuelegal relief and compensation for defective products.
At Brennan Law, we help riders understand their rights and take action. By following the right steps, you can pursue a fair resolution, including repairs, a replacement, or even a buyback.
Danny’s story
Shortly after buying a brand-new motorcycle, Danny hit the road for his first real ride. The thrill and freedom he felt was exhilarating. After only a few miles, however, the engine seized at speed — going nearly 50 miles per hour — and threw him from the bike, causing a crash injury. Things only got worse from there.
The engine began repeatedly stalling during warm-up. Each time, he took his bike into the shop. On his fourth visit, mechanics discovered catastrophic internal engine damagewhich they attempted to fix witha partial warranty repair. In the end, Danny paid more than $6,800 for out-of-pocket repairs, including a cracked valve guide, bent valve, and camshaft journal scoring.
What began as an exciting adventure quickly turned into a frustrating cycle of repairs and loss of confidence.
Does your bike qualify as a lemon?
To qualify as a lemon, your bike must be under warranty (the first 18 months or 18,000 miles) and have a substantial safety impairment that can’t be fixed after a reasonable number of attempts.
Lemon law covers several types of bikes:
- New motorcycles
- Used motorcycles: Pre-owned motorcycles that are still under the original manufacturers or dealer’s warranty.
- Leased motorcycles: Motorcycles that have warranty coverage during the lease term.
- Other motorcycles like street bikes, cruisers, sport bikes, touring bikes, and dual-sport bikes.
To prove a recurring defect pattern, you need evidence showing multiple repair attempts, including all repair orders & mileage logs, records of parts replaced (clutch basket/plates, top-end rebuild), and out-of-service time tracking. A third-party shop inspection-only status can also prove the shop only diagnosed the issue and did not attempt a repair.
The more detailed your records are, the easier it is to support your claim and demonstrate you made reasonable efforts to resolve the issue. Without proof, it’s your word against the manufacturer.
Build the repurchase demand
When you suspect your motorcycle is a lemon, it’s important to act quickly. The first step is to report the issue to the dealer or manufacturer.
If the manufacturer stalls, denies or fails to respond, you can send a certified noticedemand letter citing Civil Code §1793.2(d)(2). This letter formalizes your claim, requiring the manufacturer to provide a repurchase or replacement including the purchase price minus mileage offset.
Clearly describe the issue, provide a timeline of the problems, and include copies of your repair records and all documentation. Be specific about the defect’s impact on the motorcycle’s use, value, or safety. After that, the manufacturer has a 30-day response window to reply before you can take legal action.
If you win your lemon law case, you’re entitled to a reimbursement of owner-paid repairs (deductible costs) and compensation for incidental/consequential damages (storage fees, towing, ride shares). If the manufacturer acted in bad faith, you may be awarded civil penalties for willful noncompliance and recover your attorneys’ fees.
Does your motorcycle keep failing? Don’t wait for the problem to escalate. Call Brennan Law and get back on the road, not back in the service bay.