You Bought A Lemon, Now What?
Posted by Paul Forcey
Just because you have bought a lemon car or RV you don't have to be stuck with it.
Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law is there to protect the consumer. If you have found yourself to be the owner of a lemon car, truck, RV, or puppy, the California Lemon Law will make sure that you get your purchase replaced or refunded to you. How do you know if you have a lemon? The California Lemon Law states that any purchase more than $25.00 that is defective, unsafe, malfunctioning, or has an existing problem that greatly reduces its value will qualify as a lemon.
Under the California Lemon Law you should notify the dealer/manufacturer of the problem you are having with your vehicle. The dealer must make four attempts to repair the lemon car during the first 18 months or 18,000 miles, whichever comes first. California Lemon Law states that a vehicle that has been in for repairs four or more times for the same defect, or if the car has been in the dealer for repairs of the defect for a total of 30 calendar days, then the vehicle should be presumed to be and classified as a lemon car. If your vehicle has to be brought into the dealer two times to repair a defect that could result in injury or death if not repaired, that too is considered a lemon car under the California Lemon Law.
The California Lemon Law also allows Lemon Law claims to be filed against manufacturers if the car is over the 18 months/18,000 mile limit, if the car is still under warranty. This covers the consumer who has a two or a three-year-old vehicle that comes with an extended warranty. This law also protects the consumer by allowing a time period of four years after the defect is first noticed to bring a lemon law claim against a manufacturer. It is important that you get legal advice from an attorney who is knowledgeable in California Lemon Law. When you seek an attorney, it is best to hire one with a history of only representing consumers, and never the manufacturer in California Lemon Lawsuits.
The California Lemon Law not only protects the buyer of new cars and trucks, but also the consumer who has purchased a used vehicle. If you have purchased a lemon car and it is still under the new car warranty, even if you are not the original owner, then you can file a claim under the California Lemon Law.
If you think that you have purchased a lemon car it is important that you keep good documentation of all interactions and transactions in regards to your lemon car. Write a letter to the manufacturer and send it certified. Manufacturers are aware of the California Lemon Law and most are more than willing to rectify the situation. If you are unhappy with the repair work done by the dealer, the manufacturer may ask you to go through arbitration with a third party. If you are still not satisfied, you can sue in court under the California Lemon Law. You can also contact the Attorney General's Office for the newest updates to the California Lemon Law.
Paul started Lemon Law Attorney after seeing how much work it is to get your lemon car fixed.