California Lemon Law

posted by admin on Nov 5

If you purchased a defective boat that is covered by a warranty, you are protected by the same laws that cover cars, bikes, RVs, computers and many other items in California – the California Boat Lemon Law.

It is important to retain the bill of sale from a seller when buying a boat. This holds true even if the boat is secondhand. If the boat is used, you should also obtain an evaluation statement by a qualified expert. A good mechanic should check out the engine, the hull’s integrity and other aspects important to a boat.

The statement the mechanic gives you after this ‘diagnosis’ should outline the condition of the boat at the time of purchase. The owner owner should give you a written assurance that the boat is seaworthy and will not develop serious problems within a certain period of time. This period can be mutually agreed upon.

You cannot exercise ‘lemon’ rights for a boat if you bought it without having its defects highlighted. This will release the seller from any responsibility by what is legally called ‘caveat emptor’ – you have bought the boat with all present and future defects.

If the boat is new, it should come with a warranty that includes a money-back option. If it is a replacement/repair-only warranty, you may have no recourse but to settle for another lemon.

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