Lemon Law for California

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, one or more of the following occurs:

(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity 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 nonconformity.

(2) 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.

(3) 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 paragraphs (1) and (2) 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 paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner’s manual. This presumption shall be a rebuttable 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.

If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision. Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision in an action to enforce the buyer’s rights under subdivision of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.

Basically, the Lemon Law requires manufacturers to meet the terms of  the warranties that they give you.
The lemon law is what keeps the dealers and manufacturers in line. If we didn’t have automobile lemon laws there wouldn’t be any way to keep these car companies from turning out a bunch of junk and then ignoring you when you complain.  The manufacturer is required to repair or correct any defect or condition which impairs the use and value of your vehicle, while it is under the warranty period or during the period of one year after you get it.

If the manufacturer or authorized dealer can’t repair the condition after a reasonable number of tries, then, under the law, the buyer is entitled to receive a replacement vehicle of equal value or a refund that equals the full purchase/lease price and collateral costs. Of course, this is minus an allowance for the customers use.

The law for lemons is assuming that a reasonable number of attempts have been made this usually means:
• At least four unsuccessful attempts to repair the same defect have been made; or
• A car has been out of service because of warranty repairs for at least 30 cumulative days during the warranty period or during the year after the car was delivered to the consumer; or
• There have been 10 or more tries while the car was under warranty or during the first year of ownership, to fix various defects which will significantly impair the use and value of the car.
However, it is worth noting that the manufacturer does not have to make a refund or replace the car if:

• The defect does not significantly impair the use and value of the car; or

• The condition of the car is the direct result of consumer abuse, neglect, or unauthorized alterations of the vehicle by the consumer.
Ok, so what about the buyer’s responsibility?

Well, just because there have been a reasonable number of attempts to fix a defect in a car does not automatically make you eligible for a refund or replacement vehicle. Actually, you must notify the manufacturer or authorized dealer of the problem during the warranty period or within a year after you get the car as I mentioned above.

Also, if the manufacturer of the car has an informal dispute settlement program in place, and most of them do, you have to try to resolve your complaint through this program before you can take any other actions. If you are still unsatisfied after going thru the dispute resolution process, you should contact an attorney or file a complaint with the Attorney General’s Office immediately.

Ok, you’ve done everything you were supposed to do and you’ve given the car manufacturer the chance to do what they’re supposed to do. What now? Well, don’t go off half-cocked. You still need to have a better understanding of the lemon law in your state and how it applies to you.
Now I know it’s kinda hard to make any sense of all that legal mumbo-jumbo in the law. That’s why I’m going to give you a basic understanding of what lemon laws are and how they effect you next.

It is presumed that a reasonable number of attempts have been undertaken if the same unconformity has been subject to repair three or more times within the above-referenced time frame.
It is important to note that if the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, the vehicle may have been subject to repair one time.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

If the manufacturer, its agents, or its authorized dealer are unable to conform your new vehicle to any applicable express warranty by repairing or correcting any defect after a reasonable number of attempts, the manufacturers shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

Basically, so long as your vehicle has a manufacturing defect which affects safety, value, or use, and it cannot be repaired after a reasonable number of attempts by the manufacturer’s or dealer’s service personnel, and the original repair occurred within the warranty period, then the vehicle is likely entitled to these legal protections.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]