To prove that your motorcycle is a lemon, you must meet certain legal requirements. First, you must prove that you are the owner or lessee of a motorcycle covered by a manufacturer’s warranty. Second, you must establish that:
Finally, you must prove that the defect occurred within eighteen months of delivery and 18 thousand miles on the odometer. (This is a “whichever occurs first” test, so your lemon law protection ends when either deadline passes.)
Consumers also have a legal obligation to notify the manufacturer of the defect, so be sure to consult with a lemon lawyer as soon as you suspect that your motorcycle might be a lemon.
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Consumers have specific rights under the California Lemon Law. Once you have proven that your motorcycle is a lemon, you may choose to either:
- allow the manufacturer to repair it, or
- require the manufacturer to replace the motorcycle with one that is as good or better than the original one, or
- return the motorcycle for a full refund of any down payments and installment payments you have made.
You may choose what you want to do with the vehicle. The manufacturer cannot force you to choose one of these options over the other. You are also entitled to compensation for other costs you paid related to the lemon. These costs could include taxes, registration fees, tow truck bills, and any other documented expenses that were the direct result of your motorcycle being a lemon.