Know Your Rights Under The California Lemon Law
Buying a car is a huge financial investment for most people. Sometimes, the vehicle that you bought because it had all of the “bells and whistles” may also come with a few unexpected surprises, such safety issues or mechanical problems affecting its performance.
The California Lemon Law protects you when the manufacturer of your new or used vehicle either cannot fix it. In order to benefit from the lemon law, you need to know what rights it gives and the process to follow in order to enforce them. The best way to do this is by speaking to a lemon law attorney at Tung & Associates, APLC, who will go over the details of the claim with you and explain your rights and how to enforce them under the law.
The following introduces you to the California Lemon Law and answers some of the questions that you have about what it covers and how it is enforced.
What is the California Lemon Law?
If you have a performance issue with a car, your first instinct should be to bring it to the dealer for repairs under the warranty issued by the vehicle’s manufacturer. Most of the repairs needed to get your vehicle working properly should be covered under the warranty that came with it.
The problem addressed by the California Lemon Law is when your vehicle cannot be repaired despite the efforts of the manufacturer. The law allows for a “reasonable” number of repair attempts of a problem covered by the vehicle warranty issued by its manufacturer that does at least one of the following:
· Substantially impairs use of the vehicle.
· Substantially impairs the vehicle’s value.
· Substantially affects the safe operation of the vehicle.
The lemon law does not apply to problems with a vehicle caused by its abuse by the owner. In other words, if you take your new sedan off-roading, you may not be able to make a claim under the lemon law.
What vehicles are covered by the lemon law?
The California Lemon Law applies to new and used vehicles that are bought or leased in the state and are covered under a warranty issued by the vehicle’s manufacturer. It includes vehicles purchased or leased for personal use as well as vehicles acquired for a business.
Among the types of vehicles protected under the lemon law are the following:
· Cars
· Trucks
· SUVs
· Motorcycles and ATVs
· Boats and jet skis
Vehicles used in a business must have a gross weight that is less than 10,000 pounds, and the business cannot register more than five vehicles in California.
Active-duty members of the military who are stationed or living in California when they lease or purchase a vehicle may take advantage of the provisions of the lemon law.
Reasonable number of repair attempts
Before you can avail yourself of the protection of the lemon law, you must allow the manufacturer the opportunity to correct the problem. There is a rebuttable presumption your vehicle is a lemon if the problem occurred within 18 months or 18,000 miles from when you took delivery of the vehicle, you notified the manufacturer of the problem, and one of the following situations applies:
· The manufacturer or dealer had the vehicle for repair on at least four occasions for the same problem and failed to remedy it.
· The manufacturer or dealer had the vehicle for repair on at least two occasions without correcting a problem that could cause death or injury.
· Your vehicle has been in for repairs and out of service for more than 30 days. The 30 days need not be consecutive.
If the rebuttable presumption applies to your vehicle, you have the option to receive a replacement vehicle or a refund of the cost of the vehicle less a mileage allowance.
Recovery of a civil penalty
California laws extend the protection afforded to consumers by allowing them to recover a civil penalty of up to two times the amount of a person’s actual damages when a manufacturer’s violation of the state lemon law is proven to be willful. You have the burden of proving willful conduct, so it is essential that you retain an experienced lemon law attorney.
The same law allowing you to recover a civil penalty from a manufacturer who willfully violates the lemon law also permits you to recover the costs and expenses of the litigation. You also have the right to recover attorney’s fees as determined by the court if you are successful in the litigation.
Contact a lemon law attorney at Tung & Associates
Learn more about the California Lemon Law and whether you have the right to pursue a claim by speaking with an attorney at Tung & Associates, APLC. The attorney will review the strengths and weaknesses of the claim with you and answer any questions that you have about the process of recovering damages for a lemon law violation.
Disclaimer:
The information provided in this article is for general information purposes only. It is not offered as legal advice and should not be construed or relied upon as such by a reader. Nothing contained in it is intended as legal advice or presented for the purpose of establishing an attorney-client relationship.