Congratulations! You’ve just paid $25,000 for your brand new dream car. It’s beautiful. For the first nine months, your car runs likes a dream. Everything is perfect and then, after putting 8,000 miles on your car, it begins to break down continuously, and is in the repair shop numerous times, often for the same problems. So you think you’ve got a lemon? Guess what? You probably do and you’ve got rights.
Californians are fortunate enough to have an excellent consumer protection law called the, “Song-Beverly Consumer Warranty Act,” more commonly known as the, “Lemon Law,” which affords California consumers the right to take legal actions against manufactures and dealers of defective vehicles.
The Lemon Law is fairly simple. If the manufacturer cannot repair your vehicles after a “reasonable” number of attempts, the manufacturer must either replace the vehicle, or reimburse you an amount equal to the purchase price.
The term “reasonable” has been defined as the inability of the manufacturer to repair the same defect after four attempts (two, if it is a major safety issue), or the vehicle is inoperable while being repaired for at least thirty days for any defect so long as the repairs are attempted within the manufacture’s warranty period.
In addition to replacing the vehicle, or reimbursing you for the price you paid for the vehicle, the manufacturer must pay for your license fees, rental expenses, towing and out of pocket repairs. They may also pay for some or all of your attorney’s fees, insurance and other losses.
Of course there are some catches. The defects must affect the use, safety, or value of the vehicle and only applies to vehicles still under the original manufacturer’s warranty or a dealership’s extended warranty. A constantly broken cup holder, for instance, would not qualify under the Lemon Law. Also, the manufacturer is entitled to a deduction for mileage put on the vehicle prior to the defects occurring. Other restrictions may also apply.
Boats, motorcycles, motorhomes, trailers, and the like are also covered under the Lemon Law but the laws pertaining to them are a bit more restrictive. However, the same general principles apply.
So, if you think you’ve got a lemon, we may be able to help. We may be able to make lemonade out of your lemon.
For more information, please call 661-222-9929, or e-mail Valencialaw@sbcglobal.net.