With an abundance of consumer protection laws on the books, it’s no surprise that California has one of the strictest lemon laws in the country. Passed in 1975, it applies to both new and used cars sold or leased within the state. If you purchase or lease a car that doesn’t live up to manufacturer standards, you can invoke the California lemon law to seek compensation or return it without having to forfeit your down payment or sign over your trade-in vehicle.
What the Lemon Law covers
California’s vehicle lemon law covers anything from motorized bicycles to 18 wheelers, motorcycles, and farm equipment. Your vehicle must be out of service, because of a defect or substantial lack of quality, 3 times in a rolling 12 month period before the lemon law applies. If your car is covered by this rule, then the manufacturer must replace your defective vehicle with a new one (or with one that has been repurchased) after they have attempted to fix it 2 more times.
How does it cover me?
Lemon laws cover consumers by mandating the manufacturer to fix any problem within a reasonable amount of time. If the car cannot be fixed, they must provide a new car in replacement. California lemon law attorney make sure that consumers are notified as soon as there is a problem with their car. While this law varies from state to state, some are stricter than others and provide additional protection such as compensation.
Right to Return
If the item is not defective, a manufacturer will only issue a refund if the customer refuses to accept delivery of the item. Refusal of delivery terminates an agreement to purchase and gives customers the right to return an item at any time before acceptance. Customers may also exchange items or request refunds in conjunction with repairs.
Negotiate an Out of Court Settlement.
If the company is unwilling to negotiate and all attempts at mediation have failed, consumers are able to ask a court to arbitrate the case and reach a decision. If the request is granted, the court will appoint an arbitrator, usually from Consumer Arbitration Services (CAS). Once appointed, the company has thirty days to respond with either acceptance or a counteroffer.
Go to Court if Necessary
If your car doesn’t have more than a minimal amount of use, it can be classified as a lemon and might be covered by the lemon law. The best thing to do is have an attorney take a look at your case and go from there. If the attorney decides that your case will benefit from filing, he/she will help you navigate the legal process.
Conclusion
When something goes wrong with your car and it is still under warranty, the manufacturer is responsible for fixing the problem. The only exception to this rule is if the car was not properly maintained by the consumer. There are a number of other exceptions that must be considered as well.