California Lemon Law
Did your car start breaking up from the time you got it out of the showroom? Do you have to put it off for repair the better part of the time? Maybe you got yourself a lemon. And if you have bought it in the state of California then there is certainly a law, as with else where in the United States, that can provide you a replacement vehicle or your money back.
So what constitutes a lemon? Technically speaking a lemon constitutes to a vehicle with a significant problem that can not be fixed within reasonable attempts or remains out of service a particular number of days. And if your car does fit the definition of a lemon, there are laws that may help you getting rid of it and hopefully a cash settlement.
The state of California acknowledges that purchase of a lemon can be taxing to the consumer and has a law in place, the lemon law, to protect you, the consumer, from being exploited by the manufacturer. The law in fact gives a legal recourse after the purchase or lease of a defective new motor vehicle that does not meet the warranty even after a significant attempt is made to repair it.
The first step would be to find out if you are eligible to a lemon law claim even if it is a used car. A defect can be any of the following problems including those that you tried to repair
1. engine
2. transmission
3. breaks
4. steering
5. suspension
6. water/oil leaks
7. paint defects
8. bad odor
9. vibrations
10. rattles
11. electrical problems
12. noise Your repair order and invoices are important documents in proving dates, total amount of time your vehicle was in repair, what complain you had when you gave it to be repaired, whether the repair was satisfactory and more over to show how the vehicle performed. Generally it the manufacturer is responsible to repurchase or replace your vehicle, even if you have purchased it from a dealer, if it can not be repaired after a reasonable number of attempts. And you, the consumer, can chose to either have a replacement or a complete refund. Furthermore, you do not have to claim what you are entitled to under the law. The California Lemon Law in fact requires the manufacturer to initiate an offer to you once a number of attempts made to repair your vehicle failed. So when do you seek legal assistance from a California lemon law attorney? If your manufacturer refuses to offer a replacement or refund for your vehicle you have the right to take a civil action in the court of law. If a consumer wins, the manufacturer should
1. Provide a replacement or refund
2. Pay your expenses which includes your attorney fees
3. In some cases the manufacturer is also liable for a civil penalty amounting to twice the amount of damage incurred by the consumer. Your success in using the state lemon law will depend on how will you
1. Keep records
2. Provide the right notice to the manufacturer and of course
3. User the arbitration program when required.
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