DOES FEDERAL LEMON LAW APPLY TO MOTORCYCLES?
Motorcycle Lemon Law
Motorcycle Lemon Laws
There are federal and state lemon laws in place that can protect you in the event that your motorcycle does not function as you expected under its warranty. The federal Magnuson-Moss Warranty Act protects consumers who have purchased defective products including motorcycles.
The Magnuson-Moss law covers numerous types of products with a value greater than $10 and enables people to take legal action in the event that their rights as consumers were violated.
Many state lemon laws, however, are limited to trucks, cars, SUVs, and other four-wheeled vehicles, making it challenging for someone who has purchased a defective bike that compromises their investment value and safety. Consumers in states that do not have specific lemon laws covering motorcycles could pursue cases under the federal lemon law.
Filing a Legal Claim for Defective Motorcycles
In the event that multiple repairs have been unsuccessful, the warranty is viewed as breached, and the buyer could be able to pursue a full refund or a replacement. Unfortunately, far too many motorcycle owners end up frustrated when attempting to work with their dealership over a defective bike. The business will typically continually indicate to these consumers that their only option is to keep coming back to the dealership to try to get the problem resolved.
However, federal or state lemon laws and other consumer protection provisions, explored by your attorney, could help you figure out whether you are able to recover money paid for the defective motorcycle, receive the partial recovery of the amount of money you spent on the vehicle, or get a replacement bike.
Common Problems in Motorcycle Lemon Law Cases
Many common difficulties emerge across defective-motorcycle cases, such as claims that the problem is related to fixes that occurred in an unauthorized facility. Other issues can include the number of days the vehicle is in the shop. Many repair facilities focusing on motorcycles will keep the bike longer than businesses working on trucks, cars, or SUVs.
It is important for someone who believes they have grounds for a lemon claim to preserve the integrity of their case. Most motorcycle repair shops provide far less documentation than you would typically get at a facility that repairs cars. The shop might not provide repair orders specifically to you, so it is important to establish your own repair chronology and keep a record of any incidents associated with your safety or the fixing of the bike. The costs of repairs should also be incorporated into your documentation so you can present this information to an experienced motorcycle defect attorney.
You might be under the impression that you have no legal remedies available to you if your state lemon laws are limited. However, pursuing a claim under the federal Magnuson-Moss law can assist you if your motorcycle is clearly defective and you’ve made your best effort to repair it but have been unsuccessful.
Do You Need a Lawyer for Breach of Warranty?
As a consumer, there’s a good chance you tried to resolve this issue on your own first. However, if you’ve already had your bike repaired multiple times but are still coping with defects, now is the time to talk to a lawyer who has experience in bringing a state lemon law or a federal Magnuson-Moss claim to help you get a replacement or a refund. If you’re successful in your case, the manufacturer might even have to pay your attorney’s fees.
Magnuson-Moss Requires the Manufacturer to Pay for Your Case
The fee-shifting provision of the Magnuson-Moss Warranty Act requires the manufacturer to cover reasonable attorneys’ fees if the plaintiff wins their case. As a result, our attorneys at Morgan & Morgan will work with you for free. Our fee comes from the manufacturer if we win your case.