Lemon Law for California

Your franchised dealership will be able to identify and repair many vehicle problems right from the start, or by the 2nd visit. Sometimes a visit with the Service Manager at the 2nd visit can result in a potential repeated problem being resolved right away. However, sometimes vehicles have a chronic problem and though you may visit the dealership several times and your vehicle may stay in the shop countless days, the dealer won’t be able to solve the problem. It turn out that you have purchased a lemon vehicle. This is why each state has a Lemon Law, which helps consumers to replace chronically defective vehicles.

Sometimes the old adage “what you do say can hurt you” can be an accurate statement when it comes to Lemon Law claim. Most consumers are not informed about the law, civil litigation or Lemon Laws in general. They don’t know how to speak with automobile manufacturers or their “customer assistance centers”. This is why if you think that you have purchased a lemon you should first consider getting professional advice from an experienced Lemon Law attorney, who knows and understands the Lemon Law in your state and will be able to help you.

A consumer may define a “lemon” as a vehicle that simply spends too many days in the dealership’s shop, or the same problem happening over and over again, or just a lot of different problems, spoiling the “new car experience.” Pursuant to Lemon Laws in USA, vehicles must meet specific criteria to be considered a lemon. These laws vary from state to state. Most often, lemon vehicles are determined by a specific number of repair attempts, a specific number of days in the shop, a specific safety defect, or other requirements.

Finding out if your vehicle is a “lemon” may have a lot of difficulties. Typically, car dealerships and their personnel can’t tell you if your vehicle is a “lemon”. Remember, that they are not attorneys and don’t know the law. The same can be said about auto manufacturer. The phone representatives within their “customer assistance centers” won’t be able to tell you if your vehicle qualifies under your state’s Lemon Law.

If you want to find out if your vehicle qualifies under your state’s Lemon Law, the best thing to do is to contact a Lemon Law attorney, who is informed about your state’s Lemon Law. Most Lemon Law attorneys will offer a free consultation and evaluation of your situation.

An extended service contract, is a contract that promises repair or replacement of defective components or conditions in your vehicle. If the service contract company or dealership  refuses to repair your vehicle, you may bring a case for the breach of the service contract. In some rare cases, you may be entitled to a refund of the purchase price of your vehicle.

The law also provides certain requirements for service contracts: these contracts must contain a clear description of covered parts, a description of the length of coverage, a statement of the entity that is responsible under the service contract, a clear and conspicuous statement of any exclusions, a clear and conspicuous statement of any limitations as to service, a statement of whether preventative maintenance is included, a step-by-step explanation of the procedure the buyer should follow to obtain performance of the service contract, and an explanation of the steps that the service contract seller will take to fulfil its obligations, as well as several other items.

A safety recall involving a motor vehicle or an item of motor vehicle equipment can be independently conducted by a manufacturer or ordered by the National Highway Traffic Safety Administration (NHTSA). The manufacturer should file a public report describing the safety-related defect or noncompliance with a Federal motor vehicle safety standard, the involved vehicle/equipment population, the major events that resulted in the recall determination, a description of the remedy, and a schedule for the recall. NHTSA monitors each safety recall for ensuring that the manufacturers provide owners safe, free, and effective remedies according to the Safety Act and Federal regulations.

Manufacturers must try to notify owners of recalled products. For vehicles, that means that manufacturers merge their own records of vehicle purchasers with current state vehicle registration information. For equipment manufacturers are obligated to notify their distribution chain and known purchasers of the recalled equipment. However, even if you do not receive a notification, if your vehicle, child seat, or other item of equipment is involved in a safety recall, the manufacturer is obligated to provide a free remedy.

Each notification should have the following information:

• describe the defect or noncompliance;

• the risk or hazard posed by the problem, including any warning of the problem;

• a free remedybrief description, including when the remedy will be available and how long the repair will take; and

• a description of what the owner can do if the owner is unable to have the problem corrected within a reasonable time and without charge.

Remedy without charge means the repair, replacement, or repurchase of the vehicle or item of equipment that will correct the safety defect or noncompliance. At first the remedy is decided by the manufacturer, but it may be changed if it is not effective. Owners should have the recall work completed as soon as possible.

Recalls that involve tires are limited in the Safety Act such that the owner has only three months from the date of notification to have the recall work accomplished. All other safety recalls are in effect for the life of the product.

It is not provided by Safety Act that the damages reimbursement for that the noncompliance or defect  may have caused, nor for reimbursement for costs incurred in correcting the problem before the manufacturer declared a safety recall. However, owners may be able to recover such expenses privately. Most manufacturers will reimburse owners for the repair  costs incurred before the safety recall, if the owner has kept the receipts for service.

Lemon laws primary purpose is obviously to facilitate consumer protection while establishing the proper obligations of the consumer, the manufacturer, and also outlining what constitutes a proper claim.  It is the purpose of this article to highlight each area underlying the general need for lemon law. 

The main reason that lemon laws exist in the first place is to provide consumer protection.  It is important because of the cost involved; for many people the price tag of the car is the second only to their home in overall expense during their lifetimes.  When manufacturers and dealerships do not provide the consumer with proper or effective assistance in dealing with their vehicle’s obvious problems it becomes imperative to have the appropriate legal protection to obtain restitution or replacement. 

Lemon laws provide a structure for addressing complains with automotive defects that is consistent.  One component of this framework is the consumer and is constrained by specific obligations to make the process work.

It is the consumer’s or car owner’s responsibility to know what specific rules that determine what a lemon are in their state and what circumstances are needed to establish this claim.  One that seems common is the need for the vehicle to have undergone at least three repair attempts and failed to meet operating standards before it can be considered a lemon and eligible for further action.  

The final point concerns the manufacturers role in the functioning of lemon law statutes.  The laws main purpose is to hold manufacturers accountable for the products that they produce and ensure that they will be safe to use by consumers.  Lemon laws protect those that do make an effort but simply miss a problem while not in the market.  The laws oblige dealers and manufacturers alike to have an appropriate response to consumer claims.  It should be clearer now what the need for lemon law represents for all parties involved. Lemon laws provide the rules and regulations that car owners need to deal effectively with automotive defects that have been classified as lemons. 

Lemon laws are designed to protect consumers and allow them to get a refund or a similar replacement automobile when their car initially turns out to be much less than expected or advertised. General definition: A lemon is a car that doesn’t operate reasonably within the period in which it has been owned.

The usual question is “do lemon laws cover used cars” and “do lemon laws cover leased cars”? Most lemon law detais depend on the state you live in. Your best order of business when it comes to lemon laws is to contact your state attorney general’s office and ask a lot of questions. Here are a few you might begin with…

Some steps might be made for resolving the situation with the dealer or party who sold you the vehicle. Make sure if you contact a manufacturer or its representative by mail you send it certified so you’ll have records of all your dealings. Keep detailed paperwork of everything you do. The next step would probably be to pursue arbitration. You can typicaly purse arbitration in case you meet the following requirements:

The manufacturer’s warranty covers the problem 

You have informed the manufacturer about the problem

The problem impairs the value, use, or safety of your vehicle

The problem has not been satisfactorily repaired

The manufacturer has an arbitration program

Pursuing lemon laws can be arduous if not handled properly. It’s very important to ask as many questions as you can. The laws after all are designed to protect the consumer. The state attorney general can have a government website detailing what is and isn’t covered under their lemon law and what action you can take as a consumer. It’s important to you act fast though if you feel like you’re in the middle of a potential case because all lemon laws come with their own time and mileage limitations.

Sometimes a manufacturer makes a design or production mistake on a motor vehicle. If dealers report a number of complaints about a certain part or vehicle, the manufacturer may allow dealers to repair the problem at no cost to you even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it. Because these free repairs are not publicized, they are called “secret warranties.” The National Highway Traffic Safety Administration (www.nhtsa.dot.gov) maintains a database of service bulletins filed by manufacturers.

Many vehicle problems can be identified and repaired by your franchised dealership right from the start, or by the 2nd visit. Sometimes a visit with the Service Manager at the 2nd visit can result in a potential repeated problem being resolved right away. Other times vehicles have a chronic problem (or problems) that despite repeated visits to the dealership (not to mention countless days in the shop) turn out to be “lemons.” It’s when despite your best efforts the vehicle just turns out to be chronically defective, and needs to be repurchased or replaced. 

Sometimes the old adage “what you do say can hurt you” can be an accurate statement when it comes to Lemon Law claim.  Consumers are not generally versed in law, civil litigation, speaking with automobile manufacturers or their “customer assistance centers,” or Lemon Laws. The consumer should consider getting professional advice from an experienced Lemon Law attorney that knows and understands the Lemon Law.

Manufacturers have for years been putting out false propaganda that a consumer does not have a lemon law claim unless he or she has four repair attempts for the same defect within the first 18,000 miles. This is simply incorrect. It is an effort by car manufacturers to discourage otherwise worthy consumers from pursuing claims for defective products.

The correct standard is whether the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. A reasonable opportunity usually involves more than one repair attempt; I have seen few cases succeed with only two repair attempts, and juries and judges generally expect at least three repair attempts. “Within the warranty period” means exactly what it says: if your car has a drive train warranty for 70,000 miles and the drive train is defective, then you have 70,000 miles to have the manufacturer make the necessary repairs effectively. If they don’t fix the drive train, and if you have given the manufacturer a reasonable number of repair attempts, then you have a lemon law claim.

Also, if the manufacturer cannot fix the problem within the warranty period, and you notify the manufacturer or its dealership representative in writing within 60 days after the last failure to repair the problem, then the warranty does not expire as to that defect. Thus, if the consumer above had notified the manufacturer of its failure to repair the vehicle within 60 days after the last unsuccessful repair attempt, then the warranty does not expire as to that drive train defect.

There is something called the “lemon law presumption“, and this is the only part of the lemon law where there is a requirement of 4 repair attempts within the first 18,000 miles. This is a legal presumption affecting the burden of proof in a lemon law lawsuit. Normally, the plaintiff bears the burden of proving that he or she has given the manufacturer a reasonable number of repair attempts to fix the vehicle. If, however, the consumer proves that he or she brought the vehicle in for repairs for the same defect four times within the first 18,000 miles, or if he or she proves that the vehicle was out of service 30 or more days within the first 18,000 miles, then the law shifts the burden of proof to the manufacturer to prove that it was not given a reasonable opportunity to fix the vehicle.

As a practical matter, plenty of lemon law cases go forward without the lemon law presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer has a lemon law case.

Your question relates to fraud. You should contact your local Department of Motor Vehicles, or report the matter to the police and/or the district attorney’s office. Of course, you can also bring a civil court action against the seller if you can adequately prove fraud.