When you purchase a new car the last thing you want is for it to breakdown, suffer mechanical problems or impair the safety of the driver and passengers. If you are faced with these issues in California the California Lemon Law is there to provide you with protection from warranty defects that cannot be repaired by the manufacturer or dealer. Depending on the situation you may be entitled to a refund of the purchase price or a replacement vehicle.
A brief overview of the California Lemon Law:
The Lemon Law in California requires the vehicle manufacturer to replace it or refund the purchase price in the event it cannot conform to the express warranty after a reasonable number of attempts to repair the defect. The law in California does not define what a “reasonable number” is but it does set guidelines for determining this number.
The Lemon Law covers both new and used vehicles that have been sold in or leased in California that, when purchased, are covered by a new vehicle warranty. The vehicles that are covered under the law are cars, pickups, vans and sports utility vehicles; SUVs. The law also covers the chassis, cab and drive train of motor homes as well as dealer demonstrators.
California Lemon Law presumptions:
The Lemon Law in California follows the Song-Beverly Consumer Warranty Act, the act lays down guidelines that presume the vehicle to be a lemon if, within 18 months of the delivery date or 18,000 miles, the following criteria are met:
* The vehicle manufacturer or the agent is given two chances to repair a defect that results in a condition that is likely to cause the death of or serious injury to people in the event the vehicle is driven.
* The vehicle has not been available for use for more than 30 days while under repair, the 30 days does not have to be consecutive.
* The problem is covered by warranty and reduces the vehicles use, value or safety.
If the warranty or owner’s manual so states, the vehicle owner must notify the vehicle manufacturer in writing, detailing the problems.
In the event these criteria are met, the California Lemon Law makes the presumption that the vehicle buyer or lessee is entitled to recourse which is either a full refund of the original purchase price or a replacement vehicle of substantially the same specification.
The California Lemon Law is in place to protect buyers and lessees of vehicles that prove to have a substantial defect that affects its use, value or safety. For further information you are invited to contact the Krohn & Moss Consumer Law Center or visit YourLemonLawRights.com.
