How Can The CA Lemon Law Help Me?
Do you have a sinking sensation that the car you just bought is a lemon? Have you visited the repair shop so many times that it seems to have a revolving door? You may feel powerless at this stage, but don’t worry; the law is on your side.
The Song-Beverly Consumer Warranty Act, also known as California’s “lemon law,” protects buyers of consumer goods protected by express or implied warranties, such as automobiles. If your car dealer fails to repair it after a reasonable number of efforts, the law may classify it as a “lemon,” entitling you to a replacement vehicle or a refund of the purchase price. The devil, as with most laws, is in the details, so let’s take a look at how the California Lemon Law actually works.
Let’s imagine you’ve had your new automobile for a month or two, and your brakes fail for no apparent reason. You arrange for the car to be hauled to your dealer for warranty work. Your car will be returned in your driveway in a day or two, ostensibly as good as new. Three weeks later, the brakes fail again on your way to work! You return to the dealer, enraged and disappointed that this has happened once more. The dealer informs you that the brakes have been properly repaired this time. However, the brakes fail again after a few weeks, much to your dismay. You should consider yourself fortunate that you haven’t been gravely harmed or murdered this time. You’ve lost faith in your dealer’s ability to resolve the issue, but you require a reliable vehicle. What options do you have?
The manufacturer is required by federal law to offer you an express warranty when you purchase a new vehicle. An express warranty is a legally binding commitment from the manufacturer that the vehicle will function as intended and that if it doesn’t, the manufacturer will repair or replace it.
California’s Lemon Law goes beyond the legally mandated express warranty by requiring that any new or used car sold with an express warranty be fixed within a “reasonable number of attempts” if there are any defects that “seriously impair the use, value, or safety” of the vehicle.
But, one might wonder how many attempts at restoration are appropriate. The rule of thumb is at least two (2), but depending on the nature of the repair and the circumstances of your scenario, more may be required. In general, you may be entitled to a legal presumption that your car is a “lemon” if you bought it during the first eighteen (18) months or eighteen thousand (18,000) miles, and:
– It has had two (2) or more efforts at repair for an issue that is “likely to cause death or serious bodily injury”; or – It has had four (4) or more attempts at repair for the same flaw.
Give Scott Law Group P.C. a call at (619) 345-5599 to avail of our excellent services regarding CA Lemon Law.
If you need a professional lemon lawyer for your case, contact us right away!