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Are you stuck driving a lemon?
There are laws designed to protect consumers from lemons,
but first you need to determine if the problems you are
having with your vehicle fit the definition of a "lemon."
A vehicle many have many defects but not qualify under the
lemon law, and then again, it may have just one defect which
will be covered under the lemon law. How do you know?
For starters, here is the basic definition of a lemon:
A vehicle that continues to have a
defect that substantially impairs its use, value, or safety.
If that vehicle has been repaired 4 or more times for the
same defect within the warranty period and the defect has
not been fixed, then normally the vehicle qualifies as a
Lemon. Note that the defect must be of a type that
is preventing you from driving the vehicle. Cosmetic
problems, squeaks, rattles, peeling paint, etc. do not make
the vehicle a lemon.
Specifically for California - The
California
Lemon Laws and the Federal Lemon Law (the Magnuson-Moss
Warranty Act) provide for compensation to California consumers
of defective automobiles and trucks and other vehicles and
products including motorcycles, RV’s, boats, computers and
other consumer appliances and products. To qualify under the
California Lemon Law or the Federal Lemon Law, you must have a
product that completed multiple repair attempts under the
manufacturer’s factory warranty. Lemon Law compensation can
include a refund, replacement or cash compensation.
As of January 1, 2001, under California Lemon Law, a vehicle
is considered a Lemon if it fails two attempts at repairing
life-threatening defects.
The California Lemon Laws can be found in
Civil Code Section 1793.22 - 1793.26
Sale Warranties, Tanner Consumer Protection Act, Used Car
Disclosures.
California Lemon Law 1793.22.
(a) This section shall be known and may be cited as
the Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of
attempts have been made to conform a new motor vehicle to the
applicable express warranties if, within 18 months from
delivery to the buyer or 18,000 miles on the odometer of the
vehicle, whichever occurs first, either
(1) the same nonconformity 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 nonconformity
or
(2) the vehicle is out of service by reason of
repair of nonconformities by the manufacturer or its agents
for a cumulative total of more than 30 calendar days since
delivery of the vehicle to the buyer. The 30-day limit shall
be extended only if repairs cannot be performed due to
conditions beyond the control of the manufacturer or its
agents. The buyer shall be required to directly notify the
manufacturer pursuant to paragraph (1) only if the
manufacturer has clearly and conspicuously disclosed to the
buyer, with the warranty or the owner's manual, the
provisions of this section and that of subdivision (d) of
Section 1793.2, including the requirement that the buyer
must notify the manufacturer directly pursuant to paragraph
(1). This presumption shall be a reputable presumption
affecting the burden of proof, and it may be asserted by the
buyer in any civil action, including an action in small
claims court, or other formal or informal proceeding.
It is very important to note that you
may have a Lemon, but if you do nothing to protect your
consumer rights, including documenting your defects and
repairs and allowing the manufacturer a chance to fix the
defect(s), you may lose all your rights under the provisions
of the State Warranty Acts.
Have a look at
the rest of our California Lemon Law Guide for information on:
* California Lemon Law Attorneys
* Getting Action and help with your Lemon Law problem
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