Lemon Law for California

 As long as a secondhand car is sold with a written and specific warranty, it qualifies under the California Lemon Law. The car should not have been purchased for commercial purposes. As with all other applications for vehicles, the California Used Car Lemon Law only covers a secondhand car that was purchased for personal, family or household use.

Care should be taken to have the defects and inherent problems of the car established by a certified mechanic at the time of purchase. If the vehicle was bought without a warranty that covers these defects, the buyer will have a very difficult time making a case under the California Used Car Lemon Law. Unscrupulous sellers will not shy away from trying to sell a buyer a ‘lemon’ previously returned for these very defects.

California Used Car Lemon Law also applies to leased vehicles, as long as they have been leased under warranty. With all vehicles, such a warranty is not invalid once 18,000 miles of road use or 18 months since purchase have expired, if the warranty specifies a higher mileage or period.

As long as the first repair attempt took place within the specified warranty period, a leased or purchased vehicle can qualify under the California Used Car Lemon Law even after that period.

Basically, one can get a refund or complete, satisfactory repair for a secondhand purchased or leased vehicle as easily as one can for a brand-new car, as long as the used car was purchased for private, non-commercial use. Secondhand cars are not the only vehicles covered by the California Used Car Lemon Law. It applies equally to recreational vehicles (RVs), motor homes of all kinds, motorcycles, boats and other vehicles.

California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.
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A potentially dangerous problem has been found with some 2007 Toyota Tacoma trucks, causing numerous truck owners to file complaints with the National Highway Traffic Safety Administration. All said their trucks suddenly accelerate or lurch forward while stopped.

“If you are in severe traffic, your car isn’t going to slow down,” Victor Downin of Foresthill, CA has reported. “It’s going to be a real problem not rear-ending another car.” Downin tried to work with his Toyota dealership first to get the problem corrected or to get Toyota to buy back the truck under California’s lemon law. He said Toyota told him to take it to three different dealerships for inspection. All three noted no problem.

Downin then headed to the California Arbitration Certification Program, a third-party arbitration process approved by the Department of Consumer Affairs and sponsored by the manufacturers. Downin’s arbitration was not successful. The arbitrator said there was not enough evidence to support his complaint. It was reported that he could try to get another warranty repair and go through arbitration again, or take his claim to court.

Downin claims in news reports that he does not plan to contact an attorney. He is waiting for the outcome of a National Highway Traffic Administration investigation into the surging problem. Toyota has said it was unaware of complaints but will fully cooperate with federal investigators if asked to do so.

Arbitration may work for some consumers who fear the legal system. But consumers usually do not win. Last year there were 2,049 consumer requests for arbitration. Consumers won repair in 17 percent of cases. Consumer won return or restitution 15 percent of the time. But in 60 percent of cases, consumers got nothing.

Moreover, participating in the process may actually harm your future legal claims against the manufacturer. You are giving the manufaucturer full access to your documents, statements, your vehicle without assistance of counsel. You may unwittingly make a disclosure or statement which can, and likely will, be used against you in a later lawsuit.

I’m sorry that Mr. Downin has such a poor opinion of the justice system that he feels compelled to wait for a federal agency to take action rather than hiring an attorney who specializes in California Lemon Law. Under the current administration, I am afraid Mr. Downin will be waiting a long time. I hope for Mr. Downin’s safety and the safety of others, he parks the vehicle.

Word to the wise: Don’t get stuck with a lemon. Sometimes all it takes is a letter from an attorney to get a manufacturer to realize it is going to have to buy back the vehicle. Don’t wait for the manufacturer to do the right thing. It could mean your life or livelihood.
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Buying an automobile is not a process most people enjoy. Cars are expensive, and if you choose poorly, you are stuck with the car for quite some time. So you want to buy one that’s comfortable, suits your needs and is mechanically reliable. Fortunately for buyers, every state now has some version of a lemon law, designed to protect buyers from vehicles that are both mechanically unreliable and seemingly unrepaireable. If a vehicle spends a month or so being repaired during it’s warranty or needs three or more repair attempts to fix the same problem, most states require the manufacturer to either replace it or refund the purchase price.

But what about used cars? Buyers of used cars are generally on their own, but some states, such as California, have passed separate laws protecting buyers of used cars. Not every state has such protections, as that sort of legislation is still in its infancy. There is a small amount of protection available, however. Most, if not all, states have strict regulations regarding how manufacturers dispose of vehicles that have been determined to be lemons. These vehicles, returned to the manufacturers by their original owners, are usually repaired and resold. And most states require that these vehicles be prominently branded as such, usually on the title. In addition, most states also require that any dealer selling such a vehicle must disclose the vehicle’s history to any potential buyer.

That sounds like a good idea. What if something goes wrong?

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The cost of a new vehicle is higher than it has ever been, and prices continue to go up. Along with that is the increase in the price insurance and gasoline. Add it all up, and you will find that the cost of buying and owning a car is quite expensive. Savvy consumers shop around to find the best deal and are often rewarded for their hard work. In the case of residents of California and other highly taxed states, the price of sales taxes adds considerably to the cost of buying a new vehicle. Again, savvy shoppers have found a solution to this problem - buy the vehicle out of state and drive it home.

That seems like a good idea. After all, a 2% decrease in the sales tax on a $25,000 car means a savings of some $500, which will buy a few tanks of gas, even at today’s prices. The savings are even more significant if the vehicle in question is a $250,000 motor home. There may be a downside to this system, however. A recent court ruling by the California Supreme Court has ruled that the California lemon law applies only to vehicles actually purchased within the state.

This may come as a strong blow to Californians, who enjoy the first, and one of the most powerful, lemon laws in the United States. Consumers who buy their vehicles out of state, bring them home, and then find out that they have nonconformities that prevent them from being repaired will find out that they have no protection under California law. Worse, they may have no protection under any law. Most state lemon laws require that the vehicles be purchased in that state. In addition, most lemon laws require that anyone filing a claim under the law must also be a resident of that state. This may leave buyers who purchase a vehicle and drive it to another state out of luck.

Attorneys for the state of California called the ruling fair, pointing out that enforcing the statute costs money, and that it doesn’t seem reasonable for the law to represent buyers who don’t pay the sales taxes that support it.

Vehicle warranties will still apply, of course, and if the problems with the vehicle can be repaired under warranty then they will be covered. In addition, owners of these vehicles may pay for any additional repairs not covered under warranty. They are not, however, entitled to replacement or refund should the repairs be unable to permanently resolve the problem.

The savings encountered when purchasing a vehicle in a neighboring, lower-taxed state may be significant. Anyone planning such a purchase should be aware, however, that the savings may turn out not to be all that significant if the vehicle turns out to be defective. A $5000 savings on a defective, useless quarter of a million dollar motor home is no bargain. Buyers should exercise caution.

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