Motorcycles, Leases and Work Trucks: Does California Lemon Law Apply?

In most cases, yes. California’s lemon law (the Song-Beverly Consumer Warranty Act) covers leased and financed vehicles the same way it covers cash purchases. Diesel trucks bought for personal use are covered no matter what they weigh. Business vehicles are covered if they’re rated under 10,000 pounds GVWR and the business has five or fewer vehicles registered in California.

The rules are narrower for three groups:

• Used cars bought with factory warranty left on them: limited by the 2024 Rodriguez v. FCA decision.
• Certified pre-owned vehicles: covered through the CPO warranty, but by a different route.
• Motorcycles: covered as consumer goods, but without the 18-month/18,000-mile presumption.

You chose the vehicle for a reason. A lease that fit the budget. A diesel that could tow. A van that keeps the business running, or a bike that gets you to work. Then the problems started, the dealer kept it for weeks, and the same fault came back.

Now you’re wondering whether California’s lemon law applies to a vehicle like yours. It usually does, but the rules change depending on how you got the vehicle, what it is and how you use it. At The Barry Law Firm, we’ve handled only California lemon law cases since 2010. This guide covers each situation: where the law is clear, where it’s narrower than people expect, and how we handle each type of case.

Which vehicles does California’s lemon law cover?

California’s lemon law is the Song-Beverly Consumer Warranty Act. Its strongest remedy, the duty to buy back or replace a vehicle after a reasonable number of failed repair attempts, applies to a “new motor vehicle.” Under Civil Code section 1793.22(e)(2), that term covers:

• A new vehicle bought or used mainly for personal, family, or household purposes.
• A new vehicle with a gross vehicle weight under 10,000 pounds, bought or used mainly for business, by a person or company with no more than five vehicles registered in California.
• A dealer-owned vehicle, a demonstrator, or another vehicle sold with a manufacturer’s new car warranty.
• The chassis, chassis cab, and the drivetrain portion of a motor home, but not the living quarters.

The same section says “new motor vehicle” does not include a motorcycle, or a vehicle that isn’t registered for the road because it’s used only off-highway. That doesn’t mean motorcycle owners have no rights. It means the rules work differently, which we cover below.

Whatever the vehicle type, three things need to be true: a problem covered by the warranty, a defect that substantially affects use, value, or safety, and a reasonable number of repair attempts that didn’t fix it. Our California lemon law requirements page covers those basics in detail.

Leased vehicles: do you have the same rights as a buyer?

Yes. This is the question we hear most from lessees, and the answer in the statute is direct. Civil Code section 1795.4(b) says a lessee “has the same rights under this chapter against the manufacturer” that the lessee “would have had under this chapter if the goods had been purchased by the lessee.” The manufacturer carries the same duties toward you as it would toward a buyer.

So the leased vehicle lemon law in California tracks the rules for purchased vehicles. The same repair-attempt standards apply. The same 18-month or 18,000-mile presumption applies. The same remedies apply.

What changes is how the money flows in a buyback. You don’t own the vehicle; the leasing company does. In a typical lease repurchase we negotiate, the manufacturer pays the leasing company what it’s owed to close out the lease, and refunds what you paid in: your drive-off payment, your monthly payments, and collateral charges like registration and tax. The manufacturer gets a credit for the miles you drove before the first repair attempt, which we explain in how the mileage offset is calculated.

Two practical notes for lessees:

• Your lease end date doesn’t end your claim. If the defect started under warranty and the repairs failed, turning the vehicle in at lease end doesn’t erase what happened. Act before the vehicle goes back so the repair history is clean and the vehicle is available for inspection if needed.
• Lease-end charges can be part of the conversation. Disposition fees, excess-wear charges, and remaining payments are all things we address in negotiations, because a buyback is supposed to put you back where you started.

One of our clients, Hassan H., leased a Mercedes-Benz SL 500 and later bought it out. After years of trouble, the manufacturer agreed to repurchase the car at close to the full price paid, with compensation for years of registration fees. His review is on our testimonials page. Every case is different, and his result doesn’t predict yours, but it shows that a lease-to-purchase history doesn’t block a claim. Read more on our lemon law for leased cars page.

Financed vehicles: what happens to your loan in a buyback?

If you financed the vehicle, a lender is part of the buyback. The loan doesn’t stand in your way.

Under Civil Code section 1793.2(d)(2)(B), restitution (the legal word for your refund) means the actual price paid or payable, including transportation charges and manufacturer-installed options, plus collateral charges such as sales tax, license and registration fees, plus incidental damages. “Payable” is the key word. The manufacturer’s obligation covers the amount you still owe, not just what you’ve paid so far.

In practice, a financed buyback usually works like this:

1. The manufacturer pays the lender the loan payoff, so the lender releases its claim on the title.
2. The manufacturer refunds your down payment, your monthly payments, and the collateral charges.
3. The mileage offset is subtracted. The formula is miles driven before the first repair attempt, divided by 120,000, multiplied by the purchase price.
4. Incidental costs you can document, such as towing, rental cars, or repair bills, are added back.

For manufacturers that opted into California’s newer procedures, the Department of Consumer Affairs notes the manufacturer must pay the vehicle payoff amount within one business day of the vehicle return. That matters for financed buyers, because a slow payoff can mean another month of loan payments on a vehicle you no longer have.

Were you upside down on the loan? Negative equity rolled in from a trade-in, add-on products, or a long loan term can leave a gap between the restitution amount and the payoff. We look at that early and tell you honestly what to expect. Our buyback process guide lays out each line item.

Certified pre-owned and used vehicles: does a leftover warranty count?

This is where the law got narrower, and where you should be careful about what you read online.

For years, many used-car buyers assumed that if the factory warranty was still running, their car was treated like a new one. On October 31, 2024, the California Supreme Court said otherwise in Rodriguez v. FCA US, LLC (opinion). The buyers had purchased a two-year-old Ram 2500 from an independent used-car lot with the factory powertrain warranty still in effect. The engine failed repeatedly. The court held that a vehicle bought with an unexpired new car warranty is not a “motor vehicle sold with a manufacturer’s new car warranty” unless that warranty “was issued with the sale.” So the buyback-or-replace remedy in section 1793.2(d)(2) didn’t apply to them.

• Used vehicle from an independent lot or private party, with time left on the factory warranty: After Rodriguez, you generally can’t use the new-vehicle buyback remedy. You may still have claims for breach of the express warranty itself, since the manufacturer still has to honor it, but the path is different and the leverage is lower. We’ll tell you straight if the claim is worth pursuing.
• Certified pre-owned vehicle with a manufacturer-backed CPO warranty: You’re in a stronger position, though the path is different. A CPO warranty is a new written warranty issued at the time of your sale, and it gives you warranty rights against the manufacturer. In Kiluk v. Mercedes-Benz USA (2019), the Court of Appeal held that by issuing a CPO warranty on a used car, the manufacturer stepped into the role of a distributor, meaning it took on a seller’s warranty duties, including the implied promise that the car is fit to drive, under Civil Code section 1795.5.
• Dealer demonstrator or dealer-owned vehicle sold with a new car warranty: Covered as a “new motor vehicle” under the statute’s own words.

Does your CPO contract show a manufacturer-backed warranty, not just a dealer or third-party service contract? That single line changes the case. Bring the sales paperwork to your first call with us. Our article on certified pre-owned problems covers what to watch for.

Diesel trucks: does the 10,000-pound rule leave you out?

We handle a lot of truck cases, and the weight rule confuses many owners.

The 10,000-pound limit in section 1793.22(e)(2) only applies to vehicles bought or used primarily for business. If you bought your F-250, Ram 2500, or Silverado 2500HD for personal use, towing the boat, hauling for the family, commuting, the weight limit doesn’t apply at all. You’re covered like any other personal vehicle.

If you bought the truck mainly for business, the gross vehicle weight rating (GVWR) matters, and three-quarter-ton and one-ton diesels fall on both sides of the line depending on configuration. Ram, for example, lists a maximum GVWR of 11,040 pounds for the 2026 Ram 2500. Check the sticker on your driver’s door jamb rather than guessing from the model name; the GVWR printed there is what counts. A business-use truck rated at 10,000 pounds or more falls outside the new-vehicle definition, though other warranty claims may still exist.

Three more things diesel owners should know:

• Emissions parts carry their own warranties. California’s regulations at 13 CCR section 2037 require a 3-year/50,000-mile emissions warranty and a 7-year/70,000-mile warranty on high-priced emissions parts. Federal rules at 40 CFR 85.2103 set an 8-year/80,000-mile warranty on specified major components, including SCR catalysts, particulate filters, and the emission control module. A repeated DEF system, DPF, or SCR failure can be a warranty claim long after the bumper-to-bumper coverage ends.
• Powertrain warranties count too. If your powertrain warranty runs longer than the basic warranty, problems that start inside that window count, even if the basic warranty is over.
• Days in the shop add up fast. Repairs that wait on parts add days quickly. More than 30 cumulative days out of service within 18 months or 18,000 miles triggers the presumption under section 1793.22(b). Keep every repair order.

Our client David L. described his Ford F-150 case this way: “they handled everything efficiently without me having to chase updates or worry about the details.” That’s the standard for every truck case we take. See our pages on Ford lemon law and General Motors lemon law, and our guide to GM 6.2L engine problems, for model-specific detail.

Motorcycles: are they covered?

Partly. Motorcycles are carved out of the “new motor vehicle” definition, so two things don’t apply: the 18-month/18,000-mile presumption and the specific buyback formula written for cars and trucks.

But a motorcycle bought for personal use is still a “consumer good” under Song-Beverly, the law’s term for a product bought for personal, family, or household use. Section 1793.2(d)(1) says that when a manufacturer can’t repair consumer goods to match the warranty after a reasonable number of attempts, it must either replace the goods or reimburse the purchase price, less an amount for your use before you discovered the problem. The implied promise that the product works as it should, and out-of-pocket costs like towing, still apply. So do attorney’s fees for a prevailing consumer under section 1794(d).

Where motorcycle claims get harder:

• A motorcycle bought mainly for business is on shakier ground. The consumer-goods rule turns on personal, family, or household use, and the business-use route runs through a definition that excludes motorcycles.
• A dirt bike or other off-highway machine that isn’t registered for the road is excluded on the same basis.
• Without the presumption, the “reasonable number of attempts” question is argued case by case. Repair orders and written complaints to the manufacturer carry more weight.

We’ll review a motorcycle claim the same way we review any other. If we don’t think it’s strong enough to take, we’ll explain why and point you to your options.

Commercial and fleet vehicles: does the five-vehicle rule cover your business?

Does your business have five or fewer vehicles registered in California? Is the vehicle rated under 10,000 pounds? Does it carry a manufacturer’s warranty? If you answered yes three times, your work truck, van, or car is covered by commercial fleet vehicle lemon law in California the same way a personal vehicle would be.

That’s the whole test from section 1793.22(e)(2). It doesn’t matter whether the owner is a sole proprietor, an LLC, a corporation, or a partnership. It doesn’t matter whether the vehicle is a pickup, a cargo van, or a sedan. Taxis, company vans, work trucks, and rideshare cars can all fall under this rule.

Rideshare drivers qualify too. Driving for Uber or Lyft is business use, but a single car, or two, is nowhere near the five-vehicle cap. Our lemon law process page confirms that small businesses, including rideshare drivers, get the same protections as personal buyers.

A few details that come up in business cases:

• Count registered vehicles, not vehicles in use. The statute counts vehicles registered in California to the business. If you’re at six, you’re outside the definition for that vehicle, even if two of them sit idle. If you’re close to the line, tell us; the ownership structure sometimes matters.
• Weight is about GVWR, not what the vehicle weighs empty. Check the rating on the door-jamb sticker rather than guessing from the model name. Ratings vary by configuration.
• Chassis and chassis cabs count. If a defect is in the chassis or cab of an upfitted work truck, the statute includes it. A defect in the upfitter’s body or equipment is a different claim against a different warranty.
• Lost income is not automatic. Song-Beverly covers incidental and consequential damages such as towing, rental replacement, and repair costs. Lost business revenue is a separate question we’ll look at with you. Towing, rental, and repair costs are the costs the law clearly covers.

Our commercial vehicle lemon law page has more on how we handle business claims.

What a successful claim can recover, whatever you drive

Across every category above, the remedies come from the same place. Depending on the facts, a successful claim can mean:

• A buyback. Refund of what you paid and still owe, minus the mileage offset, with the lender or lessor paid off.
• A replacement. A comparable new vehicle, if you’d rather have one and the manufacturer agrees.
• A cash settlement. You keep the vehicle and receive a negotiated payment for its reduced value. See our settlement types page.

Where a manufacturer’s failure to comply was willful, section 1794 allows a civil penalty of up to two times your actual damages. And the manufacturer pays the consumer’s attorney’s fees and costs. That’s why you never get a bill from us, regardless of the outcome.

One timing note. California changed its lemon law procedures through AB 1755 and SB 26. For manufacturers that opted in, the Department of Consumer Affairs explains that a written demand to the manufacturer at least 30 days before suing triggers a 30-day deadline to offer a buyback or replacement, and filing deadlines differ from the older rules. We cover the changes in California’s lemon law updates. The short version: the deadline that applies to you depends on your vehicle and your manufacturer, so it’s worth asking about your deadline early.

How we handle leased, business, and specialty vehicle cases

The Barry Law Firm has handled California lemon law claims, and nothing else, since David Barry founded the firm in 2010. In that time we’ve recovered roughly $150 million for clients over the last ten years, and our 459 Google reviews average 4.9 stars. Past results don’t guarantee yours. They do tell you what we’ve been doing for a long time.

Here’s what that looks like for the cases in this guide:

• We match your case to an attorney who knows your manufacturer. A Ram diesel claim and a leased BMW claim involve different warranty terms, different repair patterns, and different people on the other side. Your attorney has worked those files before.
• We sort out the money side early. Lease payoffs, loan balances, negative equity, business registration counts, GVWR. We work through these on the first call so there are no surprises later.
• You always know where you stand. Your case manager updates you at each stage in plain English, and David Barry speaks with every client. Our reviews mention being “kept informed every step of the way” more than anything else.

We’re selective. If we say yes to your case, it means we believe in it. And if we don’t take it, we’ll still answer your questions and point you in the right direction.

Have questions? Quick answers on special vehicles

Does California’s lemon law cover leased vehicles?

Yes. Civil Code section 1795.4 gives a lessee the same rights against the manufacturer as a buyer. In a buyback, the manufacturer pays off the leasing company and refunds what you paid, minus a mileage offset.

Can my business file a lemon law claim in California?

Yes, if the vehicle has a gross vehicle weight under 10,000 pounds and your business has no more than five vehicles registered in California. Rideshare drivers and sole proprietors qualify under the same rule.

Does a used car with remaining factory warranty qualify as a lemon?

Not automatically. After the California Supreme Court’s 2024 decision in Rodriguez v. FCA, a used vehicle gets the new-vehicle buyback remedy only if the manufacturer’s new car warranty was issued with the sale, as with a dealer demonstrator. A manufacturer-backed CPO warranty gives you express and implied warranty rights against the manufacturer under Kiluk, which is a strong but different path.

Is my diesel truck too heavy for the lemon law?

Only if you bought it primarily for business and its GVWR is 10,000 pounds or more. Trucks bought for personal use are covered regardless of weight.

Are motorcycles covered by California’s lemon law?

Motorcycles bought for personal use are covered as consumer goods, so the manufacturer must replace or refund after a reasonable number of failed repairs. They’re excluded from the “new motor vehicle” definition, so the 18-month/18,000-mile presumption doesn’t apply.

What does it cost to hire The Barry Law Firm?

Nothing. Under Song-Beverly, the manufacturer pays the consumer’s attorney’s fees and costs. We never charge upfront fees or take a percentage of your recovery.

Not sure if your vehicle qualifies? Let’s find out

Leased, financed, certified pre-owned, diesel, motorcycle, or company vehicle: the first step is the same. Gather your repair orders and your purchase or lease contract, and call us at 424-688-9088 or request a free case review. We’ll give you straight answers about where you stand, and if you have a case, we’ll handle the process, the pressure, and the paperwork from there.