California Lemon Law

posted by admin on Nov 5

In California, vehicles are not the only product you can claim a refund or replacement for if it turns out to be a lemon. Next to automobiles, computers are probably the most commonly used machine, and the law knows it.

If you find that your computer crashes regularly, needs a large amount of maintenance and has not performed as promised at the time of purchase, the California Computer Lemon Law works for you. Basically, a consumer is protected from any expense incurred while having a warranty-covered product replaced or repaired to complete satisfaction. This includes lawyer’s fees if a lawyer is retained. All expenses are borne by the manufacturer who stands in default of the warranty.

To avoid having to exercise your rights under this law, do not buy a computer or computer-related equipment from obscure outlets. Authorized dealerships are well aware of their responsibility and are less likely to sell you a lemon. You need to do a little background research on the dealership before your actual purchase. Even if it’s reputable, do not settle for an exchange-only warranty in the case of computer peripherals and consumables. Keep the option of returning for a complete refund.

Further, do not rely on verbal quality assurances. If they’re valid, the warranty’s fine print will reflect them, so pay more attention to details. If you do decide to buy, pay by credit card to protect yourself. That way, you can stop payment for a defective computer and can involve the credit card provider in any legal conflict over the purchase. Also, some credit cards will extend your warranty above and beyond the norm.

If a lawsuit is called for, the way to initiate the process is to contact the dealership’s customer care or quality control department and plead your case. If you have a case, the first offer may be arbitration. This is fine as long as a lawyer is consulted over jurisdiction matters. Make sure you have a complete purchase and payment record to fall back on.

posted by admin on Nov 5

California Lemon Law is a collective term that represents various legal codes. These are broadly prescribed by the Civil Code Section 1790-1790.4 – (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 – (Tanner Consumer Protection Act), statutes by the California Attorney General’s Office and others.

Once an attorney has told you under which code your case falls under, you will need to gather the documentation for your vehicle’s defects. These documents should describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. You will also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle (particularly the sales contract), the vehicle’s owner manual and the warranty covering it.

You will then have to fill out a questionnaire/interactive complaint form from the Californian Motor Vehicle Warranty Rights Act department. After this is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork is processed by the law office.

To initiate the process of a claim under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty. A copy of this should be sent to the Consumer Affairs Department and/or Attorney General.

The forms that will eventually need to be filled may include the:

• Office of Consumer Protection Complaint Form
• Lemon Law Complaint Form
• Generic online complaint form (to be downloaded, filled out and submitted to initiate a claim under California Lemon Law.)
• Forms to outline the purchase and repair history of the vehicle, also downloadable.

All forms should also be available at the:

• New Motor Vehicle Board – www.nmvb.ca.gov
• Department of Consumer Affairs Bureau of Automotive Repair
• Department of Motor Vehicles Bureau of Investigations – www.dmv.ca.gov
• Local District Attorney’s Office
• Office of the Attorney General, Public Inquiry Unit – www.caag.state.ca.us

posted by admin on Nov 5

As long as a secondhand car is sold with a written and specific warranty, it qualifies under the California Lemon Law. The car should not have been purchased for commercial purposes. As with all other applications for vehicles, the California Used Car Lemon Law only covers a secondhand car that was purchased for personal, family or household use.

Care should be taken to have the defects and inherent problems of the car established by a certified mechanic at the time of purchase. If the vehicle was bought without a warranty that covers these defects, the buyer will have a very difficult time making a case under the California Used Car Lemon Law. Unscrupulous sellers will not shy away from trying to sell a buyer a ‘lemon’ previously returned for these very defects.

California Used Car Lemon Law also applies to leased vehicles, as long as they have been leased under warranty. With all vehicles, such a warranty is not invalid once 18,000 miles of road use or 18 months since purchase have expired, if the warranty specifies a higher mileage or period.

As long as the first repair attempt took place within the specified warranty period, a leased or purchased vehicle can qualify under the California Used Car Lemon Law even after that period.

Basically, one can get a refund or complete, satisfactory repair for a secondhand purchased or leased vehicle as easily as one can for a brand-new car, as long as the used car was purchased for private, non-commercial use. Secondhand cars are not the only vehicles covered by the California Used Car Lemon Law. It applies equally to recreational vehicles (RVs), motor homes of all kinds, motorcycles, boats and other vehicles.