Service
Language
The Song-Beverly Consumer Warranty Act provides legal recourse for consumers of various goods, including vehicles, that are sold with a warranty. The law mandates that if a manufacturer or its representative is unable to fix a consumer good after a reasonable number of attempts, the manufacturer must either replace the defective product or refund the purchase price to the consumer. This act specifically protects consumers against defects that substantially impair the use, value, or safety of the vehicle.
California Lemon Law covers a wide range of new and used vehicles provided they are still under the manufacturer's original warranty. Here’s a breakdown of its scope:
- New Vehicles: Cars, trucks, and the drivable portions of motorhomes purchased with a warranty.
- Used Vehicles: Used vehicles are also covered under the Lemon Law as long as they are sold with a manufacturer's warranty or a dealer’s warranty, which often includes certified pre-owned vehicles.
- Leased Vehicles: Leased vehicles are covered under the law during the period of their lease as long as they come with a manufacturer’s warranty.
- Other Products: Although primarily known for covering vehicles, the Song-Beverly Act also applies to other consumer goods that come with a warranty, reinforcing its role as a broad consumer protection law.
The law sets specific expectations on the number of repair attempts that must be made and the time frame within which these attempts should occur before a vehicle or product is deemed a lemon. This includes a presumption that a vehicle is a lemon if a serious safety defect persists after two attempts to fix it within the warranty period, or any defect persists after four attempts, or if the vehicle has been out of service for more than 30 days due to warranty repairs.
California Lemon Law provides protection to consumers who have purchased or leased new or used vehicles that come with a manufacturer’s warranty covering defects that could arise. Here's who is covered:
- Consumers: The law applies to individuals who purchase or lease a vehicle primarily for personal, family, or household purposes. It also extends to entities like businesses as long as the vehicle is used for business purposes and the business has five or fewer vehicles registered in California.
- Vehicles: This includes cars, trucks, SUVs, and the drivable parts of motorhomes. Motorcycles and some other types of vehicles might also be covered depending on the case.
For a vehicle to be legally recognized as a "lemon" under California Lemon Law, certain conditions must be met:
Substantial Defect: The vehicle must have a substantial defect that impairs its use, value, or safety. This defect must occur during the warranty period and not be due to abuse by the owner.
Reasonable Number of Repair Attempts: The manufacturer or its authorized service agent must have been given a reasonable number of attempts to fix the defect. Under the law, a "reasonable number of attempts" is typically defined as:
- At least two attempts to fix a warranty problem that could cause death or serious bodily injury if the vehicle is driven, and the problem has not been fixed.
- At least four attempts to fix the same warranty problem, which continues to persist, or the vehicle has been out of service for repairs at the dealership for more than 30 cumulative days.
Manufacturer’s Opportunity to Repair: The manufacturer must have been given an opportunity to repair the vehicle. This includes an opportunity to rectify the defect after being notified of the issue by the consumer.
Notification: The consumer must notify the manufacturer about the issue and the need for repair, as per the terms stipulated in the warranty. In some cases, the law presumes that the vehicle is a lemon if the aforementioned conditions are met within the first 18 months of the vehicle’s delivery or 18,000 miles on the odometer, whichever comes first.
Under California Lemon Law, consumers have specific rights designed to protect them when their vehicle does not meet quality and performance standards due to manufacturing defects. Here are the key rights:
Right to Attempted Repairs: Consumers have the right to have their vehicle repaired under the vehicle's warranty. This includes multiple attempts to fix the same problem without any cost to the consumer.
Right to a Replacement or Refund: If the vehicle cannot be repaired satisfactorily after a reasonable number of attempts, the consumer has the right to choose between a replacement vehicle or a refund.
Right to be Free from Charges: If opting for a replacement or a refund, the consumer should not be financially penalized with charges that stem from the usage of a defective vehicle.
Right to Legal Action: Consumers have the right to pursue legal action if the manufacturer fails to adequately address the defect under the terms of the warranty. This includes the ability to recover attorney’s fees and costs, making it more feasible for consumers to seek legal assistance.
When a vehicle is determined to be a lemon, consumers can choose from several remedies, which include:
Replacement: The consumer can choose to receive a replacement vehicle that is identical or substantially similar to the original vehicle. The replacement should be free from the defects that plagued the original vehicle and should come with a new warranty.
Refund: Alternatively, the consumer may opt for a refund. This refund will include the full purchase price plus any costs associated with the purchase such as taxes, licensing fees, and registration fees. The manufacturer may deduct a reasonable amount for the consumer's use of the vehicle prior to the first repair attempt.
Incidental and Consequential Damages: Consumers are also entitled to recover costs that are a direct consequence of the defect. This might include towing charges, rental car expenses while the vehicle is being repaired, and any other reasonable expenses incurred due to the defect.
Civil Penalties: In cases where it can be shown that the manufacturer willfully disregarded their obligation to comply with the requirements of the Lemon Law, the court may award civil penalties up to two times the amount of actual damages.
Document the Issues: Start by meticulously documenting every issue with your vehicle. Keep a record of all defects, noting dates, nature of the problem, and how it affects the vehicle’s use, value, or safety.
Repair Attempts: Take your vehicle to an authorized dealership for repairs. Ensure that each visit is documented with a repair order, which should detail the problem reported and the repairs attempted.
Compile Necessary Documentation: Gather all relevant documents, including:
- Purchase or lease agreement
- Warranty documentation
- Repair orders and service records
- Correspondence with the dealership and manufacturer
Notify the Manufacturer: Notify the vehicle manufacturer about the persistent issues and repair attempts. This notification should be in writing, detailing the defects and the repair history. Send this notification via certified mail to ensure you have proof of delivery.
Manufacturer’s Response: Allow the manufacturer a reasonable amount of time to respond and attempt further repairs if necessary. Document all interactions and responses from the manufacturer.
Consult with a Lemon Law Attorney: If the manufacturer does not satisfactorily address the issues, consult with a specialized Lemon Law attorney. They can provide an assessment of your case, help you understand your rights, and guide you through the next steps.
File a Formal Claim: With the help of your attorney, file a formal Lemon Law claim. This typically involves submitting a demand letter to the manufacturer, outlining your case and the remedy sought (refund or replacement).
Pursue Mediation or Arbitration: Some manufacturers may offer mediation or arbitration as an alternative to court. These processes are less formal and can sometimes lead to quicker resolutions. Your attorney can advise you on whether this is a viable option for your case.
Litigation: If mediation or arbitration does not result in a satisfactory outcome, your attorney may recommend filing a lawsuit. This involves drafting and filing a complaint with the court, serving the manufacturer, and preparing for trial if necessary.
- Purchase or Lease Agreement: Proof of ownership or lease.
- Warranty Information: Details of the vehicle’s warranty coverage.
- Repair Orders and Service Records: Documentation of all repair attempts and services performed on the vehicle.
- Communication Logs: Records of all communications with the dealership and manufacturer regarding the defects and repair attempts.
- Proof of Notification: Certified mail receipts or other proof showing that the manufacturer was notified of the issues.
- Manufacturer: Initially, your claim and all relevant documentation should be sent to the manufacturer. This is typically done through a demand letter.
- Court: If the manufacturer does not resolve the issue, you may file a lawsuit in the appropriate California court. Your attorney will handle this process, ensuring that the complaint is filed in the correct jurisdiction.
If you are dealing with a vehicle that has persistent issues and believe it may qualify as a lemon under California Lemon Law, don't wait to take action. Lemon Daddy is here to provide you with the guidance and support you need to navigate this complex legal terrain. Our experienced team specializes in Lemon Law cases and is dedicated to ensuring that you receive the compensation and justice you deserve.
Dealing with a defective vehicle can be stressful and frustrating, but you don't have to face it alone. By contacting Lemon Daddy, you can take the first step towards resolving your vehicle issues and securing the remedies you are entitled to under the law. Our team is here to help you navigate every step of the process, from initial consultation to final resolution.
- Phone: (888) 242-9392
- Email: Lemon@drakelawgroup.com
- Website: https://www.lemondaddy.com/
