How does the California Lemon Law Work

"California Lemon Law, What's that?" Does your car suck? Are you having to constantly get repairs done or has your vehicle been out of service for several days, no matter how big or small the problem? Is your feeling of safety compromised because of warranty repairs that keep popping back up? If so, you may have a lemon on your hands. Not a brightly flavored citrus fruit, but a vehicle that has just too many issues! And if you do, you may be eligible for a cash settlement, refund or a new car.

In California, our vehicles seem to have some sort of magical effect on us. It can tell other people who we are and how we live. Having such strong feelings about our cars makes it only fitting that California have the most effective and feared by manufactures, Lemon Law on the books. Not only will the manufacturers of a lemon eligible car have to pay your attorney fees should you win, unlike other states the circus of proof is a far lesser obstacle for the California car consumer. A reasonable number of warranty repairs over a moderate time frame and your automobile could qualify.

In California, the lemon law only requires;

• That the auto has undergone repairs that the manufacturer is unable to fix after a reasonable number of attempts
• That the car is used at least part time for personal use
• That the defects complained of substantially impair the car's use, value or safety to the customer.

Each complaint has to analysed on a case by case basis. Generally, under the lemon law, the greater the problem with the car, the fewer tries at repairs the manufacturer gets to have. The car might also be considered a lemon if these repairs keep your car out of service for an excessive number of days.

The car will be assessed to determine if the car's troubles significantly prevent its use or value or whether it lessens the vehicle safety by the owner who drives the car. What it boils down to is this, even if the defect is very minor and wouldn't normally be considered within the lemon law requirements, because of an unusual condition or situation with the consumer (you the car owner/operator) the situation itself may qualify the car as a lemon. It is best to contact an attorney so he/she can study your particular case, situation and pertinent safety issues. Keeping really good records of the repairs, time and incidents can help to prove your case. As you can see, the California Lemon Law 2010 can be very effective for consumers in getting results when warranty repairs start adding up in time and cost, and safety concerns.

The California Lemon Law is designed to protect the consumer of vehicles from buying or leasing a lemon. The law covers cars, trucks, SUV's, RV's, motorcycles, and boats. In most cases once your vehicle has been determined to be a lemon, it can be a relatively quick process. Some law firms state a time frame ranging from 30 to 90 days, depending on the complexities of your case, for you to get a settlement of cash, new vehicle, etc.

Determining if your car is in fact a lemon is judged vehicle by vehicle, case by case and r/o by r/o. Uhmmm,...r/o? This simply refers to a repair order you get when your vehicle goes for repairs. These can be the most important bit of information in establishing a paper trail that prooves you are in fact a frustrated owner of a lemon. Repair orders, purchase and warranty papers are even more crucial evidence found in every successful lemon law case. These bits of paper can be the proverbial straw that decide whether you have been through enough with your lemon.

According to the oldest lemon Law law firm, the California Lemon Law is a simple rule of reason. Prior to receiving a refund or replacement you must give the maker a reasonable chance to repair the vehicle. So how much is really enough in terms of repairs and service opportunities? The answer depends on a number of things:

• How many days has the vehicle been in the shop
• How many times it has been in for repairs
• What does the odometer read on each repair attempt
• How many miles/hours has the vehicle been driven
• What are the terms of the express warranty
• What would appear to be the problem (possibly this is most important of al)

It is reasonable to also note that there is a big difference between an accelerator malfunction and a seat heater that won't turn on. If the problem could potentially cause death or serious bodily harm, even two repair attempts is considered enough, providng other conditions are met. Other serious defects can undergo four repair attempts before enough is enough. If the vehicle is of chronically poor quality, this can be considered within the definition of the California lemon law; for instance if the vehicle is in the shop totalling a month or more for various repairs within the first 18 months, or 18,000 miles of use.

__________________________________________________________

__________________________________________________________

Department of Consumer Affairs

Arbitration certification program

1625 N. Market Blvd. Suite N-112

Sacramento, CA. 95834

(916)574-7350 | www.dca.ca.gov/acp

__________________________________________________________

Department of Motor Vehicles (DMV)

Bureau of Investigations

www.dmv.ca.gov

__________________________________________________________

Office of the Attorney General

Public Inquirey Unit

P.O. Box 944255

Sacramento, CA. 94244-2550

(916)322-3360 | www.ag.ca.gov

_________________________________________________________

California State Bar

Finding Your Local Lemon Law Attorney

(415)538-2000 | www.cabar.org

_________________________________________________________

Consumers for Auto Reliability and Safety (CARS)

Other Lemon Law Information

1303 J Street Suite 270

Sacramento, CA. 95814

(530)749-9440 | www.carconsumers.com/

________________________________________________________

________________________________________________________