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Delaware · Article Updated May 26, 2026

Motorcycles Under the Delaware Lemon Law

How Delaware's lemon law covers motorcycles since the 2016 amendment (SB173) — plus the Magnuson-Moss and Deceptive Trade Practices Act treble for out-of-window disputes.

Motorcycles are covered by the Delaware Lemon Law. A 2016 amendment (SB173) removed the prior motorcycle exclusion from the “automobile” definition (§ 5001(1)), so Delaware now reaches motorcycles — like Rhode Island, New Hampshire, and Hawaii, and unlike many states that still exclude them.

How motorcycle coverage works

Since SB173, § 5001(1) defines a covered automobile as “any passenger motor vehicle… except the living facilities of motor homes” — with no motorcycle carve-out. A Delaware motorcycle within the warranty-or-one-year window can pursue the lemon-law refund/replacement remedy on the same 4-attempt / 30-calendar-day track as a car.

The overlapping remedies

  • Magnuson-Moss — the federal warranty act covers motorcycles as consumer products; § 2310(d)(2) fees; federal-court access (D. Del.); 4-year runway. A useful parallel, especially for disputes outside the lemon-law window.
  • Delaware Deceptive Trade Practices Act — mandatory treble damages (§ 2533) for a deceptive trade practice, reached via the lemon law’s per se hook (§ 5009 / § 2513).
  • Implied warranty of merchantability (§ 2-314).
  • The manufacturer’s express warranty.

Common motorcycle defects

  • Engine / fuel-injection defects — stalling, hard starting.
  • Electrical / charging-system failures — coastal-salt-corrosion-accelerated.
  • Transmission / drivetrain defects.
  • Brake-system failures — safety-critical.
  • Suspension failures — fork seals, shock leaks.
  • Frame defects — recall-tied.

Bottom line

Delaware’s lemon law covers motorcycles since the 2016 amendment (SB173), so riders can use the refund/replacement remedy within the warranty window — backed by Magnuson-Moss (§ 2310(d)(2) fees) and the Deceptive Trade Practices Act (mandatory treble, § 2533). Get a free case review.

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