When Does The California Lemon Law Apply?

by | Oct 2, 2015 | Law Services

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The California lemon law may apply if you purchased a new or used car that proves to be defective. Like all states, the lemon law in California has been implemented to protect consumers even though the laws in each state are somewhat different.

New vs. Used:

It goes without saying that the state lemon law applies when the car is purchased new. There are far fewer states that have a lemon law that applies to the purchase of a used car but California is one state that does have provisions under their law.

The issue has to do with the warranty on your vehicle. All new cars are sold with a manufacturer’s warranty that specifies how long the warranty is in effect, in some cases it is based on time while in other cases is based on mileage. It is under the warranty that the lemon law applies.

What are the aspects of the California lemon law?

In order for your vehicle to qualify as a lemon in California it must meet the following conditions:

* The car must be used primarily for personal, family or household purposes.
* If the defect is such that it may cause death or serious injury the owner must allow the manufacturer two attempts to fix it, four attempts for defects that are not life threatening or 30 days out of service.
* The coverage is for either 18 months or 18,000 miles, whichever happens first

If the car meets these criteria then the manufacturer or the dealer is obliged to either replace the car or buy it back. If the owner opts for replacement the new car must be substantially identical, if the owner opts for a refund it must include all costs including sales tax, finance charges, registration fees, etc.

How to make a claim:

The key to supporting the argument that the car is a lemon is documentation. You must maintain very detailed records of the problem, the repairs that were performed as well as the time the car was not available for your use. Without this supporting information it will be very difficult to prove your car is a lemon.

Under the California lemon law you must let the dealer know that you believe your car qualifies as a lemon. If the dealer does not comply with his obligations then turn to the manufacturer.

As the process is quite complicated most people claiming their car is a lemon do so with the help of a lawyer.

To ensure that your car qualifies under the California lemon law you will need a considerable amount of background information. For detailed information on the lemon laws of all states you are invited to visit the web site of Lemon Law America.

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