Lemon Law for California

You are protected by the same laws that cover cars, bikes, RVs, computers and many other items in California – the California Boat Lemon Law, if you purchased a defective boat that is covered by a warranty. This means that sellers are discouraged from selling boats that will break down soon after purchase. The California Boat Lemon Law is considered a form of fraud protection.

It is important to retain the bill of sale from a seller when buying a boat. This holds true even if the boat is secondhand. You should also obtain an evaluation statement by a qualified expert, if the boat is used. A good mechanic should check out the engine, the hull’s integrity and other aspects important to a boat.

The statement the mechanic gives you after this ‘diagnosis’ should outline the condition of the boat at the time of purchase. The owner should give you a written assurance that the boat is seaworthy and will not develop serious problems within a certain period of time. This period can be mutually agreed upon.

You cannot exercise ‘lemon’ rights for a boat if you bought it without having its defects highlighted. This will release the seller from any responsibility by what is legally called ‘caveat emptor’ – you have bought the boat with all present and future defects.

If the boat is new, it should come with a warranty that includes a money-back option. You may have no recourse but to settle for another lemon, if it is a replacement/repair-only warranty.

Consumer has right to return a purchased defective product. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most “juice” from your “lemon.”

1. Never let the manufacturer or dealer discourage you

The California Lemon Law provides guidelines by which you can determine if your car qualifies. If the car has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first, it can be considered a “lemon” under the California Lemon Law . Two repair attempts are given to defects that may cause injury or death.

2. Know your rights

You should research the guidelines provided by the California Lemon Law and decide for yourself whether you have “lemon” or not. Never let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. Many internet websites can provide you with relevant information concerning California Lemon Law.

3. Read your manual

Don’t keep you manual in one of your drawers. Learn everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter. Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4. Don’t waste time

Do not wait for the last minute to file yours, as the California Lemon Law provides a deadline for complaints. 

5. Take it to authorized service center

Make sure that you go only to authorized service centers to ensure that the car is repaired properly. Buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair,  under the California Lemon Law.

6. Keep records

Even if the center has not seen anything wrong with your car, never fail to ask for proper documentations. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7. Put it in black and white

Send a letter of complaint to give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. Send it over through certified mail to make sure that they did receive it.

8. Know your options and seek advice

Most car companies have arbitration program that take care of Lemon Law complaints in California. You can always seek legal counsel, in case arbitration does not work. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.