Buying a new vehicle is an exciting experience, but sometimes things don’t go as smoothly as you hope. Your dream car might turn into a nightmare if it repeatedly has defects that won’t go away.
Fortunately, California has consumer protection laws in place known as “Lemon Laws” to safeguard your rights when you purchase a defective vehicle.
In this blog post, we’ll dive into the specifics of California’s Lemon Laws, helping you understand your rights and what to do if you end up stuck with a lemon.
What are Lemon Laws
Lemon laws are state-specific statutes that protect consumers who buy or lease new or used vehicles with substantial defects or problems that persist even after many repairs. These laws provide consumers with recourse against manufacturers, ensuring they get a replacement vehicle or a refund, depending on how severe the issue is.
California’s Lemon Law: The Song-Beverly Consumer Warranty Act
In California, the Lemon Law is primarily governed by the Song-Beverly Consumer Warranty Act, which was established to protect consumers who encounter defects in vehicles they buy or lease. Here are some key aspects of California’s Lemon Law:
- Covered Vehicles: California’s Lemon Law covers new and used vehicles, including cars, trucks, and motorcycles, as long as they are still under their original factory warranty.
- Qualifying Defects: To be eligible for protection under the Lemon Law, the vehicle must have a defect that substantially impairs its use, value, or safety. This defect must occur within the warranty period or 18 months from the vehicle’s delivery date or the first 18,000 miles on the odometer, whichever comes first.
- Manufacturer’s Obligations: If the vehicle exhibits a qualifying defect, the manufacturer or authorized dealer must make a reasonable number of repair attempts to fix it. Generally, this involves a minimum of two repair attempts for issues that could cause serious bodily injury or death, or four repair attempts for other substantial defects.
- Consumer Remedies: If the manufacturer fails to repair the defect after a reasonable number of attempts, the consumer is entitled to a refund or replacement vehicle. The choice is usually left to the consumer.
- Legal Fees: The Lemon Law also provides for reimbursement of the consumer’s attorney’s fees if they prevail in a Lemon Law claim, making it easier for consumers to seek legal action against manufacturers.
How to Pursue a Lemon Law Claim in California
If you believe you have a lemon on your hands, here’s a general outline of the steps to follow in California:
- Document Everything: Keep detailed records of all repair attempts, including invoices, receipts, and communication with the manufacturer or dealer.
- Notify the Manufacturer: Notify the manufacturer in writing about the defects and request a repair or replacement. If they can’t fix it, the manufacturer is then obligated to either replace the vehicle or refund the consumer’s money, including sales taxes, finance charges, and registration fees. The choice between replacement and refund is generally left to the consumer.
- Consult an Attorney: Consider consulting an attorney experienced in Lemon Law cases, as they can guide you through the process and make sure you meet all legal requirements.
- Arbitration: In some cases, the manufacturer may offer arbitration. While it’s not mandatory to participate in arbitration, it can be a quicker resolution option.
- Legal Action: If arbitration or negotiations fail, you may need to file a lawsuit against the manufacturer to pursue your Lemon Law claim.
In Conclusion
California’s Lemon Law is a powerful consumer protection tool that ensures you don’t get stuck with a lemon.
If you find yourself facing persistent defects that impair your vehicle’s use, value, or safety, remember that you have rights under the Song-Beverly Consumer Warranty Act.
Remember, the law covers both new and used vehicles, with a specified time frame and mileage limit for eligibility. To qualify, defects must be substantial and substantially impair the vehicle’s safety, value, or usability. The manufacturer must be given a reasonable number of attempts to repair the defects, and if unsuccessful, the consumer may be entitled to a replacement or refund.
Document everything, consult with an attorney, and don’t hesitate to pursue a Lemon Law claim if necessary.
Your dream car should be a source of joy, not a constant headache, and California’s Lemon Law is there to make sure of it.