Cars: California Lemon Law
Every state has a lemon law in place that protects consumers from defective new motor vehicle purchases. While each state's law generally provides similar protections, variances do exist. Examples include period of protection and the compensation process among other things. In California, the laws regarding lemon vehicles fall under the Song-Beverly Consumer Warranty Act and anyone with questions should contact a qualified attorney or the California Office of the Attorney General.
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Period of Protection
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California lemon laws cover new vehicles in the first 18 months after purchase or 18,000 miles, whichever comes first.
Covered Vehicles
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This state's lemon laws covers any new vehicle---excluding motorcycles---used for personal or family use or any vehicle under 10,000 lbs. for business purposes, provided the business entity has five or fewer state registered vehicles.
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Repair Attempts
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California lemon law makes a distinction between life-threatening defects, such as brake failure, and other defects that impair safety, use or retail value in terms of determining a reasonable attempt at repair. In the first instance, the law states the owner need only make two repair attempts before pursuing compensation while the latter instance would require up to four. In addition, a car can qualify if since the date of delivery, the car has been out of service for at least 30 cumulative days. The owner must report these problems to the manufacturer in writing.
Arbitration And Court
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Most manufacturers have a state-approved arbitration process that helps resolve these matters. State law requires the consumer to use this channel first before resorting to legal action if such a program exists with the manufacturer. The manufacturer must abide by the arbitrator's decision but the consumer does not have to accept it. If the manufacturer does not have a state approved program or the consumer does not want to accept the ruling, he can bring the case to court. The California Attorney General's Office advises working with an attorney.
Compensation
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The law requires the manufacturer to replace the vehicle or provide a refund. Applicable refundable fees besides the cost of the car include taxes, registration and certain costs incurred by the owner due to the defective vehicle, such as towing costs or rental fees. The consumer has the right to choose which type of compensation he prefers.
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References
Resources
- Photo Credit yellow car, a honda japanese sport car model image by alma_sacra from Fotolia.com
