The Lemon Law in California is a law that is covered by the Song Beverly Consumer Warranty Act. This law provides consumer protection to people who purchase or lease new motor vehicles in the state of California that come with warranties. Under this law, manufacturers are held liable for vehicles that turn out to have defects in violation of their warranties.
Your car qualifies as a lemon if the defect it has cannot be fixed within a reasonable number of repair attempts. A reasonable number of repair attempts is defined as four or more times, or two or more times for serious defects that can cause severe injury or death. Your vehicle may also qualify as a lemon if it has been inoperable for at least 30 days because of a defect.
Any motor vehicle that is sold in California and that comes with a factory warranty is covered by the Lemon Law. This includes new, leased and Certified Pre-Owned vehicles. Motorhomes, ATV’s and watercraft may be included as well.
If you bought your vehicle out of state, unfortunately you are not covered by the California Lemon Law. However, you may be covered by the Lemon Law in the state you bought your vehicle in. An exception to this rule is if you are active military.
Leased vehicles are covered by the Lemon Law because they come with a factory warranty. Your used car is covered under the Lemon Law if it is still covered by the manufacturer's warranty, or you purchased as a Certified Pre-Owned vehicle.
If you do not have a manufacturer's warranty for your vehicle, you will still be covered under the lemon law if you received another type of factory warranty from the dealer who sold you your vehicle. However, if your vehicle is no longer under any factory warranty, you are not covered under the Lemon Law.
Under the Lemon Law, vehicle manufacturers are allowed to create arbitration programs. Consumers can send their vehicle complaints to the program, and the manufacturer will attempt to resolve the issue outside of litigation. Arbitration can be one sided for the manufacturer so make sure you consult with an attorney prior to agreeing to arbitrate.
The statute of limitations is the period of time prescribed for the commencement of a legal action. This means that you must file a complaint within the proper jurisdiction within the time permitted by law. This can vary from state to state. Johnson Attorneys Group can help you determine this deadline. If the deadline is missed, you may be barred forever from proceeding with your case.
If you purchased your vehicle, you can expect to receive either a replacement vehicle or a repurchase. If your vehicle is repurchased, the manufacturer will refund the full purchase price as well as any collateral damages or incidental charges. Oftentimes, manufacturers will attempt to deduct a large amount for using the vehicle. This offset can be minimized and/or eliminated during the case.
Manufacturer pays legal fees.
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