What is the California Lemon Law?
For consumers, the California Lemon Law may help in a lot of different ways.
Read on for more details.
Introduction
Imagine that you had been saving up for months and months to have enough down payment to buy the car of your dreams. You head to the car dealership, find just what you are looking for, and spend hours dealing with the finance department and completing all the necessary paperwork. Getting to drive the car off the lot when all is said and done feels like a sweet victory. You did it.
You don’t have the car for more than a week and something goes wrong. You take it in for a repair and assume it was just a fluke. That is until it happens again a couple of weeks later. And then again a few months after that. It doesn’t take much of this for you to get discouraged with your new purchase.
New cars shouldn’t have these issues, right? And why can’t they fix it? Is the car even safe to drive? What happens when the warranty is up? You can’t just take it back to the dealership and ask for another. What do you do? What are your rights?
Many people deal with issues similar to this. And, thankfully, the California Lemon Law can help. Let’s take a look at what it is.
What is the California Lemon Law?
Originating in 1941, the California Lemon Law protects consumers against defective motor vehicles. Regardless of how well they are made, some just have issues and end up in the repair shop too often and too soon. Thousands upon thousands of automobiles sold in California each year are considered lemons. This law is put in place to protect consumers who end up with the sour one in the bunch.
In the legal system, the California Lemon Law is used as a guide. Every case is different and the specifics surrounding it will determine whether it truly is a lemon. The manufacturer is always given the opportunity to justify their attempts to make the vehicle right before throwing in the towel.
What Does the Lemon Law Cover?
Most people think that the California Lemon Law only covers cars and trucks for consumers. But it actually covers all sorts of vehicles, including:
- Cars
- Trucks
- Motorcycles
- SUVs
- Vans of all sizes
- Motor homes
- Boats
The coverage in California can be applied to both new and used motor vehicles under warranty, including those that have been purchased as well as those that are leased and pre-owned.
When Can You Apply the Lemon Law?
In order to file a claim as part of California’s Lemon Law, you will need to meet certain criteria. This needs to take place within the first 18 months since the purchase took place or the first 18,000 miles, whichever comes first.
A few additional criteria include:
- The car was purchased or leased – either new or used – by a dealer in California
- The car had an issue that needed to be repaired on multiple occasions while still covered by the factory warranty
- Multiple attempts were made to fix the vehicle but the issue was still there
- The type of issue is one that could potentially be significant enough that it would impact the use of the vehicle, its value, or the owner’s safety
If you find yourself in this scenario, it is best to speak to a lawyer to see if you are eligible for compensation based on California’s Lemon Law.
Compensations Listed in Lemon Law
As the consumer, you are entitled to the money you spent on the vehicle, minus wear and tear due to the miles you put on it. And the manufacturer or dealership would be responsible for compensating you with a refund of this money – or replacing the car.
Other compensation options include cash settlements as well as payment for attorneys fees and court costs.
An experienced attorney will be able to review your case and give you an idea of what you can expect as far as compensation when it comes to your claim.
Your Rights as a Consumer
If you have an issue that does not seem to be getting resolved, it may be time to take action and protect your rights. When you are ready, here are the steps you need to take:
- First, let the manufacturer or your car dealership know about the issues you are having with your new motor vehicle.
- Always keep a documented record of the issues and repairs
- Be sure to always talk to the manufacturer or dealer to address the issue
- If no resolution is found after multiple attempts to fix the issue, it may be time to seek legal presentation and look more closely at the California Lemon Law.
You have rights as a consumer when it comes to your vehicle not working as intended. However, it cannot be stressed enough how important it is for you to document your case. Every repair needs to be thoroughly documented, including the date, the complaint, the repair, and so forth. Keep copies of any repair records you receive, too. All of this will be part of proving your case. Do not rely on the dealership to have copies of repair records.
The Importance of Legal Representation
When it comes to filing a claim for California’s Lemon Law, as a consumer it will often be you – a consumer – up against a huge corporation. And, as much as we would like to say that should still give you a fighting chance in the courtroom, it just doesn’t.
Going up against car dealerships and manufacturers with a lemon law claim can cost you big time if you don’t know what you are doing. Instead of jumping in head first to fight your battles, hire an attorney.
An experienced lawyer will be able to review your repair records and complaints to determine whether or not your case fits the criteria for the lemon law. And then will help you move forward through the process. Your attorney will help you succeed at taking on your case so that you can be compensated appropriately – and feel confident in the car you drive.
Are you in search for a certified attorney to represent you?
Let us help you find one today!