Every state has its own version of the Lemon Law; the Lemon Law statute in the State of California is perhaps the strongest in the country. Over and above the remedies provided by the federal Magnuson-Moss warranty act, the California statute can add and multiply remedies. Hire a California lemon law attorney to help.
If your new car spends more time in the dealers repair shop than it spends in your driveway, there is a very good chance you purchased a lemon. The California Lemon Law is available to new car purchasers who find themselves in this situation. If the defect cannot be rectified after a reasonable number of attempts to repair it, you may qualify for a replacement vehicle or a refund of the purchase price.
There are a number of key fundamentals about the lemon law in California that motorists should be aware of:
- If the problem impairs the use, safety, or value of the vehicle and the vehicle is covered by a manufacturer’s warranty, the lemon law can be enforced. A presumption that a defect exists occurs when the same defect has been subject to repair four or more times (or two times for a defect likely to cause death or serious bodily injury) OR if the vehicle has been out of service for repair for 30 or more days, within the first 18 months of ownership or within 18,000 miles after the car has been purchased or leased, whichever occurs first. If the car is used but still under the manufacturer’s warranty, the lemon law is in effect.
- If the defect cannot be rectified, the manufacturer must replace it or refund the purchase price. However, the manufacturer can offset the refund by the number of miles on the car at the time of the first repair for that defect.
- The law allows the manufacturer to take four tries at repairing the flaw; however, in California if the flaw is life threatening, such as faulty brakes, the manufacturer is given two tries. If the car is in the repair shop for 30 consecutive or non-consecutive days and the problem still exists, then you are granted a new car or refund.
Although it sounds very straight forward, do not be surprised if the dealer fights back. This is the primary reason why you should hire a California Lemon Law attorney. The dealer will argue that it was your abuse of the vehicle that is the cause of the problem and he will contend that the car is not a lemon. The dealer may also try to go around the issue by insisting the problem is not covered by the warranty. Keep all your records to prove the work that has been done.
If you purchased a car in California and it exhibits a problem that simply cannot be fixed, you should consider hiring a California Lemon Law attorney to ensure your rights. You are invited visit the web site of Lemon Law America where you will find information on trusted lemon law attorneys.
