Is there a motorcycle lemon law in California?

If your new motorcycle keeps going back for the same stalling, electrical or transmission problem, you will quickly find that California's motorcycle lemon law is not what most websites describe. The vehicle lemon law, with its 18-month presumption and buyback formula, expressly excludes motorcycles. That does not mean you are stuck with a bike that does not work. The same statute has a general refund-or-replace rule for consumer products, and federal law adds its own warranty claims.

Our guide to what vehicles the lemon law covers mentions the exclusion briefly. This page explains exactly what is excluded, what counts as a motorcycle, which claims remain, how they differ from a car case and what to do now. It is general information as of October 2026, not legal advice about your motorcycle.

The exclusion, in the statute's words

The vehicle buyback rule in Civil Code § 1793.2(d)(2) applies to a "new motor vehicle," and it borrows that term's definition from Civil Code § 1793.22(e)(2). That definition "does not include a motorcycle," and it also leaves out vehicles not registered under the Vehicle Code because they are used exclusively off the highways.

Three things follow for a motorcycle owner:

• No Tanner Act presumption. The rule that two safety repair attempts, four attempts or more than 30 days out of service within 18 months or 18,000 miles presumes a lemon applies to new motor vehicles only.
• No vehicle restitution formula. The car buyback formula, which refunds the price, taxes and fees and subtracts a mileage offset based on 120,000 miles, is written for new motor vehicles.
• Different procedures. The 2025 opt-in procedures in Code of Civil Procedure § 871.20 are written for actions seeking restitution or replacement of a "motor vehicle." Whether any part of them reaches a motorcycle claim is a question to raise with a lawyer rather than assume.

What counts as a motorcycle?

The Song-Beverly Act does not define "motorcycle," so the Vehicle Code definition is the natural starting point. Vehicle Code § 400 defines a motorcycle as a motor vehicle "having a seat or saddle for the use of the rider" and "designed to travel on not more than three wheels in contact with the ground." A bike with a sidecar still counts, even with four wheels on the ground. A farm tractor does not.

A few practical points:

• Electric motorcycles are motorcycles. Battery and charging defects on an electric bike follow the same routes described below.
• Three-wheelers can fall inside the definition because it turns on a seat and no more than three wheels. How the DMV registered yours is a key fact. Section 400 has a narrow exception for enclosed three-wheelers used by public agencies for parking enforcement.
• Dirt bikes, ATVs and side-by-sides that are registered for off-highway use only are excluded by the separate off-highway language, whether or not they meet the motorcycle definition.

Route 1: the Song-Beverly Act's rule for consumer goods

A new motorcycle bought for personal use is a "consumer good" under Civil Code § 1791(a): "any new product or part thereof" bought or used primarily for personal, family or household purposes. For consumer goods with a manufacturer's express warranty, § 1793.2(d)(1) says that if the manufacturer or its representative in California does not conform the goods to the warranty after a reasonable number of attempts, the manufacturer must either replace them or reimburse the buyer the purchase price, less the amount directly attributable to the buyer's use "prior to the discovery of the nonconformity."

California courts have applied this general rule to other products left out of the vehicle definition. In National R.V., Inc. v. Foreman (1995), the Court of Appeal held that the living quarters of a motorhome, excluded from the "new motor vehicle" definition, were consumer goods subject to the replace-or-refund rule. The same structure applies to a motorcycle.

Several other parts of the Act come with it:

• The 30-day repair rule. Under § 1793.2(b), warranty repairs must be completed within 30 days unless you agree otherwise in writing, with extensions for delays beyond the manufacturer's control.
• Attorney's fees. Under Civil Code § 1794(d), a buyer who prevails may recover costs and attorney's fees reasonably incurred. Our guide to who pays attorney's fees explains how fee-shifting works.
• A civil penalty for willful violations. Section 1794(c) allows a penalty of up to two times actual damages if the buyer proves the failure was willful. It does not apply to claims based solely on breach of an implied warranty.

How a motorcycle case differs from a car case

Without the presumption, the central question is whether the manufacturer had "a reasonable number of attempts." There is no fixed count. Courts look at the defect, its effect on safety and use, and the repair history. A defect that cuts power at highway speed weighs differently from a rattle. The use deduction is also different: instead of the 120,000-mile formula, the manufacturer may subtract an amount "directly attributable to use" before the defect was discovered, and that amount can be argued.

Route 2: the implied warranty of merchantability

Every retail sale of new consumer goods in California carries an implied warranty that the goods are fit for their ordinary purpose. A motorcycle that will not run reliably is a classic example of goods that are not fit for ordinary use. Under Civil Code § 1791.1(c), this implied warranty lasts as long as the express warranty, but not "less than 60 days nor more than one year" after the sale. This claim can reach the selling dealer as well as the manufacturer. Our guide on whether you can sue the dealer covers dealer claims in more detail.

Route 3: the federal Magnuson-Moss Warranty Act

Motorcycle warranties are written warranties on consumer products, so the Magnuson-Moss Warranty Act applies. It lets a consumer sue for breach of a written or implied warranty and, under 15 U.S.C. § 2310(d)(2), recover attorney's fees if the consumer finally prevails. Some details matter:

• Full versus limited. The federal refund-or-replace rule in 15 U.S.C. § 2304 applies only to warranties labeled "full." Check the heading of your warranty booklet.
• Dispute programs. If the warranty requires you to use a qualifying informal dispute program first, you generally must try it before suing under this Act.
• Federal court. A Magnuson-Moss claim can be filed in federal court only if the amount in controversy is at least $50,000. Otherwise it is filed in state court, often alongside the Song-Beverly claims.

Used motorcycles

The consumer goods definition covers "new" products, so a used motorcycle is generally outside the replace-or-refund rule. A dealer that sells a used bike with its own express warranty takes on implied warranty duties under Civil Code § 1795.5, and any remaining factory warranty is still a promise to repair. Our used car lemon law guide explains these rules in the car context, and most of it carries over.

What to do if your motorcycle keeps failing

1. Use an authorized dealer for the brand. Warranty repairs at an independent shop may not count as attempts by the manufacturer's representative.
2. Get a repair order every visit, including visits where the dealer could not reproduce the problem. Check that it shows dates in and out, mileage, your complaint and what was done.
3. If the bike cannot be ridden in safely, remember that § 1793.2(c) lets written notice to the manufacturer count as delivery when goods cannot reasonably be brought in because of the nature of the defect. The manufacturer then chooses to repair on site, pick the bike up or arrange transport, and generally pays reasonable transport costs.
4. Write to the manufacturer. A short letter listing the defect and repair dates, and asking for a refund or replacement, puts the manufacturer on notice and supports a willfulness argument later.
5. Record the problem. Date-stamped video of warning lights, stalling or electrical faults is often the best evidence.
6. Check recalls. Search your year, make and model in our recall and complaint lookup. A recall alone does not prove a claim, but repeat recall repairs belong in your history.

How long you have

Warranty claims are generally subject to the Commercial Code's four-year warranty statute of limitations, and tolling rules can apply. When the clock starts depends on the facts, so call promptly rather than waiting until the warranty runs out. Our guide to lemon law after the warranty expires explains why a defect that first appeared under warranty can still matter later.

How LaCour reviews motorcycle cases

Because motorcycle claims run on the general consumer goods rules rather than the lemon law presumption, the repair history and the warranty booklet carry more weight. Our California lemon law team reviews motorcycle cases for free, in English or Spanish, and tells you plainly which routes fit your facts. When a Song-Beverly claim succeeds, the law lets the buyer recover attorney's fees from the manufacturer.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.