Lemon Law for California

There are a lot of debates over various aspects of CA lemon law, such as:

• What kind of car defects does the CA lemon law include?
• What is the reasonable number of attempts?
• How long is the warranty period?

The California lemon law covers two types of defects – nonconformity and serious safety defect.  A nonconformity is a defect substantially impairing the use, value or safety of the vehicle making it unreliable, unsafe for ordinary use or diminished in resale value compared to equivalent vehicles. Serious safety defect is a life-threatening malfunction impairing the driver’s ability to control or operate the vehicle, or creates a risk of fire or explosion.

According to the CA lemon law the reasonable number of repair attempts depends on how dangerous the defect is and how it affects the vehicle’s reliability, value and general safety. In case of a nonconformity defect there should be four or more repair attempts and two or more repair attempts in case of a serious safety defect.

As to the warranty period it is 18 months or 18000 miles, whichever is earlier.

It is important to note that the California lemon law cannot help you if the car has been damaged or abused intentionally or illegally.

Song-Beverly Consumer Warranty Act popularly known as the California lemon law has been established to protect the interests of consumers if they buy a defective vehicle from a manufacturer or a dealer. It is really upsetting to end up buying your dream car that develops serious defects. And if in such an event, the dealer or the manufacturer fails to repair the defects within a ‘reasonable time’ the CA lemon law comes in effect forcing them to replace the faulty vehicle with a new one or compensate you for the total value of the vehicle along with all other expenses incurred during the warranty period.

Unless your vehicle is eligible, you cannot get a refund or replacement under the California lemon law. What makes your car eligible to be qualified as a lemon? Here are some basic eligibility criteria for qualifying to take advantage of the CA lemon law:

• If the manufacturer or the dealer is incapable of repairing the defect after 2 attempts in the event of a normal defect or after two attempts in case the defect is safety related

• If the manufacturer or the dealer is incapable of repairing the defect within 30 days.

Only after the car has met the above-mentioned criteria the owner of the defective vehicle can start taking legal action with the help of CA lemon law attorney.

If you’ve been dogged with your vehicle problems and think that you have a lemon car, you should know that your consumer rights are protected under the CA lemon law. To get the best possible settlement and compensation, however, it’s extremely helpful to keep thorough records that will help you easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some lemon law tips:

• Keep a logbook (notebook or a computer spreadsheet) to make a notation every time you speak to or visit the dealer or manufacturer.

• Write down every communication, the date and time, as well as the name, title, and phone number of the person to whom you spoke and outline the information and instructions you were given.

• Keep track of your vehicle’s performance noting the times and dates when the problems occur.

• Note the days your vehicle is unavailable, either because it isn’t in working condition or because it is in the shop for repair.

• Keep all of the repair records and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Don’t leave your vehicle at the dealership without a copy of the work order.

• Keep every piece of written correspondence. Hold on to a copy of every letter and email you send, as well as proof of delivery (delivery documentation). It’s important to understand your state’s lemon law as some states require that you contact the manufacturer via certified mail.

If you feel that you have a lemon car, but haven’t kept a logbook, don’t panic. Just find a professional lemon law attorney.

Under the CA lemon law, if the vehicle manufacturer participates in a state-certified arbitration program, the vehicle owner must request arbitration in order to seek relief (although the owner can accept or reject the arbitrator’s decision).

On the arbitration hearing both you and the manufacturer’s representative will speak before the arbitrator. You will speak first. The manufacturer’s attorneys can question you; and you can question them when they speak.

Though the arbitration hearing is less formal than an actual court proceeding, you must come prepared to present your case. You must bring the records that outline all of the work done on your defective vehicle and all of the diagnosed problems; an odometer reading; copies of correspondence with the manufacturer and/or dealer; statements from mechanics or other experts; appraisals or estimates of the resale value of the vehicle with its defects; and a variety of financial records. All these records will help you prove to the arbitrator that the lemon law claim you are making is true, and that the defect negatively impacts the use, value, or safety of the vehicle. It is also important that your records are in chronological order and ready to present to the arbitrator in an organized fashion.

You will receive a notification on the outcome of the arbitration hearing. Possible decisions include:

• An additional repair attempt
• A replacement vehicle
• A refund of the purchase price
• Reimbursement for towing, car rental, and so forth
• No award

If you are dissatisfied with the arbitration decision, you can either go to court or, after an additional repair attempt, re-file your arbitration case. Whether you choose to go into arbitration again or go to court, it’s in your best interest to have a lemon law attorney represent you.

If you have leased a new vehicle it can be covered by California lemon law. CA lemon law presumes that a leased vehicle is a lemon if:

• It has manufacturer’s defects affecting its use, safety or value

• The  defects have occurred during the first 18 months from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first) unless your vehicle is covered by a longer warranty; if you have a longer warranty, Lemon Law protects you for the entire warranty period

• It has been taken in four times for the same problem or if it has been out of service for 30 days due to a series of unrelated problems; or if the problem is likely to cause death or serious bodily injury, the vehicle has been taken in two times for repair

• You have notified the manufacturer of the need for repair (if the notification is required in your owner’s manual)

According to CA lemon law if your leased vehicle is a lemon you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary compensation, which can include:

• Down payment and lease payments

• Sales tax

• Registration fees

• Finance charges paid on your lease

• Towing and vehicle rental costs

• Incidental costs

• Attorney’s fees

The amount of the monetary reward may be reduced by a deduction for the total mileage on the vehicle and is calculated by dividing the miles drive at the time of the first repair attempt by 120,000, and multiplying by the purchase price.

Remember organization is the key to presenting a convincing lemon law case. The more organized your evidence is, the more likely your lemon law attorney is to win your case. So you’d better keep all of the paperwork you received every time you brought your vehicle to be serviced as well as catalog the days the vehicle spent in the shop and out of your possession.

It is important to know about your consumer rights under the California lemon law. If you qualify as an aggrieved party you are entitled to get a refund or another vehicle of the same brand and high quality. There are many details to be considered if the plaintiff desires a favorable verdict.

The first step in restoring your losses is the manufacturer’s arbitration that is voluntary in California. It is important for the consumer to know that he/she does not have to use it to enforce the Lemon Law. Very often in the course of the arbitration process, the manufacturer may make an offer to the consumer to “resolve” his/her CA lemon law claim. However, such an offer may not follow the requirements of the Lemon Law and may provide the consumer with substantially less than the Lemon Law would otherwise provide the consumer. So the consumer would better get help from a CA lemon law attorney.

Your lemon lawyer will work on your behalf to get the compensation you are entitled to — typically in the form of a refund, a replacement vehicle, or a cash settlement. Your lemon law attorney will ask you for all of your repair orders and correspondence that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. Manufacturers usually settle very quickly knowing that the cost of going to court will be much higher. However if they don’t settle your lemon law attorney will sue the manufacturer and resolve your lemon law case.

There are many vehicle owners who have lemon law situation but are not informed about the lemon law. And when they continuously experience the same problem with their vehicle, they often turn to their selling car dealer expecting them to take back the defective vehicle.

In this situation the car dealer can try to take potential advantage of the customers’ lack of information and “help” them trade-in the lemon and buy another vehicle. After this the car dealer ends up making profit for selling two cars. It turns out that the only way the car dealer “helped” the customer was to assist him/her with another sale. Moreover, the consumer cannot be still sure that this time he/she has bought a non-lemon vehicle.

According to the California lemon law the manufacturer and not the dealer is the responsible party for your “lemon” vehicle. If you think your vehicle is a lemon you’d better consult with a qualified and experienced CA lemon lawyer who will be able to evaluate your case to determine if you qualify under the California Lemon Law.

Your lemon lawyer will explain your potential rights under the CA lemon law and other consumer protection laws. Аs compared with the car dealer’s “help”, your lemon lawyer will really help settle your case ensuring either full refund or replacement.

When you buy a new vehicle you expect its proper performance. But your “new car experience” is spoiled when you have to leave it at dealership’s shop to fix a problem. And when the same problem is happening over and over again, after a number of repair attempts you realize that your vehicle has an unrepairable defect and feel very disappointed with your purchase. Now you think of getting rid of your defective car.

You should know that there is California lemon law that will protect your consumer rights. It enables you to get a refund or replacement and you are to decide what to choose.

Most people think that in order to have their lemon vehicle repurchased or replaced under the CA lemon law, they are required to “go to court.” But “going to court” is the last step in the process. It happens when all other means of “settling” a case have failed.

In a lemon law case only an experienced and qualified lemon law attorney can provide the consumer with valuable information about the consumer rights, as well as guide the consumer through each step of the lemon law process. Lemon laws vary from state to state so it is very important that the lawyer is specialized in your state’s Lemon Law.

If you have problems with the car you have bought you should not delay having it repaired. A malfunctioning car can become a reason of serious accidents. Why jeopardize your life?

Very often manufacturers and dealers give a consumer an endless runaround with a defective vehicle. Sometimes they repair items that do not actually fix the problem, telling him or her that there is nothing wrong with the vehicle and even that the problem is actually part of “how that vehicle runs.”

Unless the consumer contacts a lemon law attorney, these distractions can go on for years and stick the consumer with a defective vehicle. Lemon law attorneys are much experienced on cutting through all the distractions and getting the consumer the reimbursement and possible reward they are entitled to under the California lemon law.

The CA Lemon Law, also known as Song-Beverly Consumer Warranty Act, states that if a purchased vehicle turns out to be defective within the warranty period then the consumer is entitled to get a refund or replacement. The Lemon Law keeps the manufacturer liable for all the defects and problems in a defective vehicle. In case the manufacturer fails to fix the problem right even after reasonable number of attempts, defective vehicle must be either replaced or the consumer’s money must be refunded.

California lemon law is a remedy regarding your faulty vehicle. If you are sold a lemon car you are entitled to a replacement or a refund by the dealer or person that sold you the car. However, your case can be lost because of insufficient knowledge of CA lemon law. If you think your car is a lemon you should contact a lawyer in your state for further discussion on your rights.

You should take great care when choosing a law firm practicing in the area of California lemon law. Below are some criteria on which you can choose a lemon law firm.

Experience is the most important criterion. The experienced lemon lawyer is more capable of handling your lemon law dispute than one who hasn’t dealt with cases similar to yours.

Lemon law firm staff is also important. It should have more than one lemon lawyer that can handle your case. In the event your lawyer falls ill or is for some reason unavailable there will be someone else ready and able to take over your case.

When you call the lemon law firm regarding a potential CA Lemon Law claim, you should get consultation and case valuation at no charge to you. There are also many firms that don’t take any fee until your lemon law dispute is won.