The
California Lemon Law (officially known as the
Song-Beverly Consumer Warranty act, found in
California Civil Code sections 1790 et seq.) is a
law designed to protect consumers who purchase or
lease warranted motor vehicles. If it is
determined that a motor vehicle is a
“lemon", the motor vehicle's warrantor must
repurchase or replace the motor vehicle from the
buyer.
The
Lemon Law commands that if a vehicle manufacturer
or its authorized dealer(s) cannot properly repair
a material defect in your vehicle while it is
under warranty after “a reasonable number of
attempts", the manufacturer must either
promptly replace your new vehicle or refund your
money, at your choice. The Lemon Law applies to
all vehicles (including trucks and recreational
vehicles) purchased or leased in the State of
California and under the manufacturer’s new
vehicle warranty.
A
“material defect” is defined under the Lemon
Law as something which “substantially impairs
the use, value, or safety of the vehicle".
”Most mechanical or drive-ability problems will
qualify under this standard. The more serious the
defect, the fewer number of repair attempts will
be necessary to qualify the vehicle as a
“Lemon".
What
constitutes a "reasonable number of
attempts” at repair is a question of fact that
can only be answered on a case by case basis.
However, as a guideline, the Lemon Law states that
if within 18 months or 18,000 miles of use,
whichever occurs first, either the same material
defect has been subject to repair four or more
times, or the vehicle has been in the shop by
reason of repairs for material defects for a
cumulative total of more than 30 calendar days,
then the vehicle is “presumed” to be a lemon.
In
addition, for vehicles purchased or leased after
January 1, 2001, if the vehicle is repaired two
times for a defect that is likely to result in
serious bodily injury or death, the vehicle is
“presumed” to be a lemon. Keep in mind, this
is only a guideline; any vehicle which is not
properly repaired while still under warranty after
a “reasonable number of attempts” may qualify
as a lemon, regardless of length of ownership or
mileage. Therefore, with today's lengthy warranties,
it is possible that a vehicle will qualify under
the Lemon Law even though it may be three or four
years old and have been driven 50,000 miles or
more! We invite you to call our law
offices for a free case review and consultation. |
