You bought a brand-new motorcycle, and it has spent more time on a lift than on the road. Surely the Lemon Law applies, right?
Unfortunately, no. Florida Statutes Chapter 681 excludes motorcycles and mopeds from the definition of a covered motor vehicle. A new bike, no matter how defective, cannot qualify for a Florida Lemon Law buyback. Off-road vehicles are excluded too.
That stings, but riders are not out of options. Federal warranty law fills much of the gap. Here is how to fight back when a new bike will not stay fixed.
Why motorcycles are excluded
The Florida Lemon Law covers new and demonstrator cars, trucks under 10,000 pounds GVW, and most of an RV's vehicle systems. The legislature simply carved motorcycles and mopeds out, the same way it carved out heavy trucks and the living quarters of RVs and motorhomes.
That means the famous Chapter 681 framework, the 24-month rights period, the state arbitration board, the statutory buyback formula, none of it applies to your bike.
Your real remedy: the Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law covering written warranties on consumer products. Your new motorcycle's factory warranty is exactly that. Magnuson-Moss does not exclude motorcycles.
Under this law, if the manufacturer fails to repair a defect covered by the warranty after a reasonable number of attempts, you can sue for damages. Two features make it worth pursuing:
- Fee shifting. A consumer who wins can recover attorney fees from the warrantor. This makes cases over a $12,000 bike economically possible. Court costs and expenses may apply and are explained in writing before any case begins.
- Damages. Recovery is typically measured by the difference between the value of the bike as warranted and its value with the defect, plus certain related costs.
There is no fixed "three strikes" rule under Magnuson-Moss, but the same kind of evidence drives the case: repeated failed repair attempts and long stretches in the shop.
FDUTPA for deceptive sales
The Florida Deceptive and Unfair Trade Practices Act applies when a dealer misleads you. For motorcycle buyers, that can look like:
- Selling a crash-damaged or previously titled bike as new
- Misrepresenting model year or specs
- Committing to repairs at sale and refusing afterward
- Loading the deal with undisclosed fees
FDUTPA claims do not depend on a warranty at all, so they can work alongside a Magnuson-Moss claim or stand alone.
Build your case like a Lemon Law claim anyway
Even though Chapter 681 does not apply, the habits that win car cases win bike cases too:
- Report every problem to an authorized dealer. Authorized repair orders are the backbone of a warranty claim. Describe the same symptom the same way each visit.
- Keep every repair order and invoice. Make sure each one lists your complaint, the work performed, and the dates in and out.
- Track days out of service. A bike that sits at the dealer for weeks shows the manufacturer cannot repair it within a reasonable time.
- Escalate in writing. Open a case with the manufacturer's customer care line, then follow up with a certified letter summarizing the history.
- Get a deadline-check early. Warranty claims carry their own statutes of limitation, and waiting until the warranty expires weakens everything.