Call Kurtis: Is Your Vehicle A Lemon?

She says her three-wheeled motorcycle is a lemon. It's been in and out of the shop, but the problems keep popping up. So how do you know if you're car is a lemon? And how do you go about getting your money back? Call Kurtis decided to take a closer look at California's law.

Rita Jane of Shingle Springs recalls the first few days with her Can-Am Spyder Roadster, "I loved it, immediately I loved it."

But lately, her love for the bike is fading. She's currently riding a loaner because she says hers has been in the shop four times for the same problem. The last time it was brought there was in August and it's been there ever since.

Rita says problems started soon after she bought the $27,500 Bombardier last spring.

While riding along, she says the Spyder suddenly dropped speed, and wouldn't go faster than 30 miles an hour. She says it's happened several times since.

"It's a very scary feeling to have something this large all of a sudden, where you don't have any control," says Rita.

She says the shop can't fix it. So does she have a lemon?

"If you have a really seriously defective new car, or a used car that's under manufacturer's warranty, then they're supposed to give you a refund," says Rosemary Shahan, of Consumers for Auto Reliability and Safety.

She should know. Shahan helped craft California's Auto Lemon Law. It says in part:

It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer.

"If you're on the freeway or whatever and you go from 65 down to 30, that's pretty dangerous," says Rita.

She's asked Bombardier to buy back her Spyder, but she's been going back and forth for months trying to finalize a buyback.

"Sometimes that's why you may need to get an attorney to enforce the law," says Shahan.

Rita hopes it'll be resolved without going to court. Rita says she's had the same issue with her loaner, so she just wants a refund. When her Spyder is bought back, she'll miss her ride, but is eager to move on.

"I'm going to feel great, absolutely wonderful. It was a long fight but it will be well worth it," says Rita.

Bombardier refused to answer questions from CBS13.

Consumers may qualify for a buyback or a refund even after the 18 months. More information on the law can be found at the Better Busines Bureau's website.