California Lemon Law: Is Lemon Law San Diego Only For Vehicles?
The San Diego Department of Motor Vehicles administers the San Diego Lemon Law, a state law intended to help vehicle buyers who either buy or lease a new motor vehicle and struggle to get issues repaired under the original warranty by the manufacturer.
There are situations where a used vehicle also may be covered by the California Lemon Law, which we will address below.
Utilizing the California Lemon Law can usually allow the vehicle owner to get the vehicle replaced, repaired, or repurchased without a lengthy fight in court. This law does not extend to other products that are manufactured and then sold to San Diego residents.
However, different rules may apply to those products, depending on what they are and the danger they may pose to the consumer.
The San Diego Lemon Law covers most vehicles that travel roadways intended for the general public, i.e., cars, vans, motorcycles, all-terrain vehicles, and motor homes, which are purchased new from a dealer.
It is important to note here that used vehicles are also covered under state laws if the used car is still covered under the original warranty from the manufacturer.
Criteria To Meet The Lemon Law
Specific criteria must be met to qualify for help resolving the problem under the Lemon Law.
First, the vehicle must have a substantial manufacturing defect covered under the manufacturer’s written warranty. Next, the fault has to be reported to the dealer or manufacturer within the warranty term.
The owner must provide the dealer a reasonable number of attempts to resolve the issue by repairing the defect. Preferably, the written notice is sent by certified mail. Suppose the vehicle owner has tried these avenues and the fault persists, creating a serious safety hazard and impairing the vehicle’s use or market value. In that case, the issue falls under the San Diego Lemon Law.
Types Of Relief
In the event you have a used vehicle that the Lemon Law covers. In that instance, an only repair is a viable option.
In case of a refund, the manufacturer must purchase the vehicle from the owner for the purchase price. This includes taxes, title, and license fees. However, an amount can be charged for vehicle use, which will be deducted from the purchase price.
In the event of replacement, the manufacturer must replace the vehicle in question with another, typically the same make, model, and accessories, that is acceptable to the consumer. The consumer is responsible for any vehicle upgrades, and the mileage used is factored into the look for the replacement model.
The San Diego Lemon Law refers explicitly to vehicles. However, for those who have an issue with another product purchased in the state of San Diego, CA, there are product liability laws that may be helpful.
If you need a professional lemon lawyer for your case, contact us right away!