California Lemon Law
Have you purchased or leased a new vehicle which has needed repeated repairs within the first few years after you acquired it? If so, the vehicle may be what is commonly referred to as a “Lemon”. While the use of the term “lemon” has been widely used by people to describe a vehicle they simply don’t like, the term has its basis in the laws protecting consumers from poorly constructed automobiles.
The “Song-Beverly Consumer Warranty Act” can be found in California Civil Code Section 1790 et seq.
The California Department of Justice (DOJ) has a great deal of information on their website regarding what constitutes a “lemon” for legal purposes. That information can be found here: here.
The most relevant portions of the law essentially state that a vehicle is a “Lemon” if a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle fail to resolve the problem. The “Lemon Law” applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first.
During the first 18 months or 18,000 miles, the “Lemon Law” presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
What can you do?
At theLaw Brothers law firm we have extensive experience in fighting with vehicle manufacturers and dealerships in the area of “Lemon Law” violations. If you believe you have purchased or leased a “lemon” contact us and we will assist you with the entire process. You will be required to report the problem to the dealer and the manufacturer and to allow them the opportunity to “buy back” the vehicle or otherwise satisfy you. If they fail to do so within a reasonable time, it may become necessary to file a law suit.
Call us today at (888) 778-8888 for a free consultation or Contact Us online.