WHAT IS LEMON IN CALIFORNIA LEMON LAW?
A lemon in California is defined as any new motor vehicle that has either failed to perform adequately due to defects in materials or workmanship or has been out of service by reason of defects for a cumulative total of thirty days during the first twelve months after delivery.
This means that any vehicle that has not started to serve the purchaser is considered a lemon. Automotive repair lawyers in California are well aware that this definition does not mean a car that has incurred incidental problems or any vehicle beyond the first twelve months of ownership. The waiting period starts at delivery.
WHAT IS THE PURPOSE OF CALIFORNIA LEMON LAW?
The purpose is to provide California consumers with an efficient, fairly quick and inexpensive way to get relief from defective vehicles. California lemon lawyers and consumer advocates believe that the best way for consumers to get adequate relief from vehicle defects is to use the consumer protection law of warranty and guarantee, which provides the California Lemon Law. California lemon lawyers and consumer advocates oppose the private right of action automaker’s Lemon Law.
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Through lawsuits filed under California Lemon Law, consumers make claims that their new vehicle was sold in breach of express or implied warranties. In California lemon law lawsuits, consumers seek to recover damages for the cost of repair and diminution in value due to serious defects, as well as attorney fees.
IS EVERY VEHICLE THAT IS DELIVERED A LEMON?
No, there are different degrees of failure to function under California Lemon Law depending on the purchaser’s degree of use. If a purchaser has put less than one thousand miles per year on the vehicle, then it is considered a “lemon”. If a purchaser put between one thousand and five thousand miles per year, then it is considered a “lemon”.
WHO ARE THE BUYERS PROTECTED BY THE LEMON LAW?
All purchasers of new cars are protected by the Lemon Law if they are still within the warranty period. This means that the purchaser is protected if the manufacturer has paid for warranty repairs on the vehicle before twelve months have passed.
If the purchaser trades in a car that still has less than fifty percent of its original factory warranty, then he or she is also protected by this law.
WHAT ARE THE CONSEQUENCES OF FAILING TO COMPLY WITH THE LEMON LAW?
If a manufacturer fails to make a required repair within a reasonable time after receiving notice from an aggrieved consumer, it will be guilty of selling a “lemon” and thereby voiding many of its warranties.
WHAT TO DO IN A LEMON LAW CASE
If you suspect that a vehicle you have purchased is a lemon, then the best thing you can do is to visit an independent vehicle inspection service. After viewing the car in question, see an automotive repair attorney and discuss your options with them.
This will help you determine whether or not a lemon law claim is appropriate for your case.
The Lemon Law is not the end-all solution to vehicle problems. However, it can make a significant difference in your ability to get the repairs needed if you have endured long periods of time without vehicle repair services. The law requires that a manufacturer grant a remedy or relief within a reasonable period after being notified of an alleged defect in materials or workmanship in its new vehicles. If you feel that you have been sold an inferior product that has failed to perform adequately, then be sure you contact an independent auto inspector, and discuss your concerns with them. Discuss all potential remedies and decide what might be best for your particular situation. Automotive repair lawyers in California find that you may even have a good claim under the Lemon Law if a vehicle has failed to start.
If you feel that you have been sold an inferior product that has failed to perform adequately, then be sure you contact an independent auto inspector, and discuss your concerns with them. Discuss all potential remedies and decide what might be best for your particular situation. Automotive repair attorneys in California find that you may even have a good claim under the Lemon Law if a vehicle has failed to start. Law Offices of Sotera L. Anderson offers quality legal services focusing on car and truck lemon law issues, providing California consumers with the benefits of lemon laws. Call us to speak with a legal representative about your rights.