The term “Lemon” is used to describe any consumer product that suffers from serious defects, although any consumer item is covered by the California Lemon Law it is most often used to describe a vehicle with design or manufacturing defects which have failed to be repaired by the authorized dealer of the vehicle in question.
No two states have exactly the same Lemon Laws, some states, including California are more consumer-friendly than others. Generally speaking the vehicle must have been purchased or leased in California; it must have serious defects that cannot be rectified after a certain number of attempts. If it cannot be fixed after four trips to the authorized service center of the manufacturer or the vehicle is unusable for 30 days in total then you are likely to be entitled to a new car or a refund.
California Lemon Law:
The owner of a defective new car, either purchased or leased can be entitled to a prorated refund of the purchase price based on the number of miles the vehicle has been driven or a comparable replacement vehicle. Although California Lemon Law is quite lenient there are certain qualifications:
* The vehicle must still be covered by a warranty.
* The vehicle must have been taken in for repair of the same complaint four times or more.
* The car must have been unavailable to the owner for 30 days total, not consecutive.
As well as meeting these qualifications the defect must be such that is impairs the use, safety or value of the vehicle.
Keep your records:
Many vehicle dealerships as well as their principals are great when it comes to helping a customer get satisfaction in the event the vehicle purchased is a lemon, however, this is not a given so it is in your best interest that you maintain impeccable records of everything that relates to the defect. Record everything included lost time at work, the time the vehicle has been unavailable as it was in the shop and the nature of the problem.
When your vehicle is returned to you do not accept it unless you have scrutinized the service write-up; although it rarely happens it is not unknown that a dealership will report a historical problem as a new problem to buy time.
How to deal with a lemon in California:
Request a replacement vehicle or a refund from the manufacturer; do this in writing, registered mail return receipt requested. If the manufacturer balks then you should either enter into the manufacturer’s arbitration program or hire a lawyer and file a suit in a California court.
Click here lemonlawamerica.com to find out more.