Understanding Your Rights Under the California Lemon Law

2007-03-08 10:33:40

( Legal )



The California Lemon Law protects the rights of consumers who purchase or lease a vehicle.

Under the California Lemon Law, a vehicle is considered a “lemon” when a certain number of attempted repairs (the more serious the defects become, the less attempts for repairs are allowed) have been made, and the defect has not been fixed within 18 months or 18,000 miles. When a vehicle can no longer be repaired, consumers have a choice between demanding for a refund for the purchase of the vehicle, or requesting for a replacement vehicle. The California Lemon Law applies to all types vehicles (with the exception of motor homes or house trailers): motorcycles, trucks, vans, cars, within a certain weight, purchased or leased in the state of California and used for family, business or personal reasons.

The consumer must ensure that they notify the manufacturer or dealer in writing by registered mail, for any repairs that need to be made, and take the vehicle to an accredited service center. Consumers must request for a copy of the repair ticket for their files for their own protection.

If after a certain number of repairs, the defect cannot be fixed, a registered letter should be sent out requesting that the manufacturer or dealer buy back the vehicle which they originally sold to you. It is the responsibility of the manufacturer or dealer to clearly state their contact details on the vehicle owner’s manual.

In the event that the manufacturer/dealer does not comply with your demands, you can seek the assistance of reputable lemon law lawyers or use the manufacturer’s arbitration program.

You should keep a record of all inspections made by the authorized repair shop, a record of all repairs made, warranties and any technical service bulletins received. Copies of these documents should be provided to your lemon law attorney. You will then be given a schedule for your arbitration hearing within a certain number of days. The consumer is then given a choice to accept or reject any decision given out by the arbitration program. The manufacturer must comply with the decision of the program, and is not given the opportunity to appeal in the event you are awarded the case. In the event you lose in the arbitration hearing, lemon law attorneys can assist you in going to court and suing for a replacement or refund of the vehicle. Most lemon law cases are awarded in the consumer’s favor.

Do note that not all manufacturers or dealers have an arbitration program, and in this instance, the consumer can directly seek the assistance of lemon law lawyers to directly file a lawsuit. If the consumer wins the case, any attorney’s fees are charged to the manufacturer or dealer.


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