California Lemon Law

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.

posted by admin on Nov 5

The descriptive term ‘lemon’ applies equally to a defunct or malfunctioning car as to a citrus fruit. The origin of this slang term is obscure. However, the fact remains that in a world on the move, a recalcitrant or basically defective automobile is something of a bane. Owning a ‘lemon’ is degrading socially and most definitely a major irritant.

The California Lemon law applies to many products, but has preeminence in the context of automobiles. California is one of the most motored and automobile-oriented states in America, and it should come as no surprise that it has definite laws concerning defective automobiles. The California Lemon Law protects consumers from the consequences of a purchase or lease of a defective car. The onus of a customer lies largely on the manufacturer.

Basically, the California Lemon Law holds the manufacturer of a car responsible for the proper and satisfactory functioning of the car while it is under its warranty period. If any defect is found at the time of purchase or if one develops in that period, the manufacturer is generally bound to repairing or replacing the car.

In California, the buyer or renter of a car it is protected by a specific set of laws that exist to ensure truth in lending and prevent deceptive practices. They guarantee that in applicable cases the defective car will be replaced and even incurred legal fees refunded. Their existence also means that the basic safety of the driver and passengers is enhanced, since greater care is taken in the manufacturing and leasing-out of cars.