Penalties Under San Diego CA Lemon Law
For those who purchase a new vehicle and find that the car is dangerous to drive or use reliably, looking for a resolution may seem challenging.
The California Lemon Law is available to assist California in resolving a situation involving a defective vehicle. However, the potential resolution may not be what the auto owner expects.
When considering the penalties under California Lemon Law, the answer to potential penalties depends on whether you are the buyer with a defective vehicle or the manufacturer attempting to address such an issue for the auto buyer.
For The Auto Buyer
While the auto buyer is not charged legally for pursuing a defective vehicle, certain aspects of the Lemon Law may not seem in favor of the auto buyer.
These include the 30-day test, the four-visit rule, and the fact that the defect makes the vehicle not drivable or constitutes a safety hazard for driver and passengers.
For The Manufacturer
Again, the California Lemon Law does not invoke penalties, per se. However, the manufacturer may feel unfairly required to replace the vehicle with another of equal value.
Legal Penalties Against Auto Buyer
Pursuing a resolution to a situation with a defective vehicle will not lead to any legal penalties for the auto buyer. Instead, it will bring about the repair, replacement, or refund of the purchase price in these situations.
Legal Penalties Against Manufacturer/Auto Dealer
This legislation focuses on the safety and satisfaction of the auto buyer without bringing penalties against the manufacturer.
The manufacturer or auto dealer is required to make a good purchase, providing a safe and reliable vehicle in the event the defective car is proven to meet the specifications necessary to classify as a “lemon.”
Next, it is vital to understand the vehicle must meet specific criteria to be classified as a lemon. Primarily, it must have undergone four or more attempts to resolve the defect with no satisfactory conclusion.
First, under Section G of the lemon law, the manufacturer may be required to refund the auto buyer for any addition to the vehicle by the dealer, which specifically contributed to the defect in question.
Next, it also says that in the case of a leased vehicle, the Executive Director of the Commission may opt to terminate the lease and apportion the allowance for use and arrange a refund to the lessee of the car.
The Commission also publishes an annual report on the motor vehicles ordered repurchased or replaced. The defect that led to the repurchase or replacement is also outlined in the report.
The resolution of a situation involving a defective vehicle may be lengthy since the requirements to determine the car defective require a time commitment and attempts to have the car repaired. However, following the time and effort, the resolution may be completed satisfactorily with the help of the Scott Law Group P.C.
If you need a professional lemon lawyer for your case, contact us right away!