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LEMON LAW CONSUMER
QUESTIONS
QUESTION:
What
are the California Lemon Laws? If I have problems with my new car, truck,
motorcycle, or motor home, but the manufacturer and/or the dealer has not
satisfied my complaints, what are my legal rights?
ANSWER:
California has consumer protection
laws, called the "Lemon Laws". If your situation qualifies you will be
able to have the manufacturer take your vehicle back and recover most of
your monies.
QUESTION:
How do I know if my situation generally qualifies under the "Lemon
Laws?"
ANSWER:
As long
as the vehicle in question has a manufacturing defect which affects
safety, value, or use and the defect can not be repaired within a
reasonable number of attempts by the manufacturer's or the dealer's
service personnel, then the vehicle is likely to fall under the "Lemon
Law" protection. The original repairs must occur within the
original warranty period supplied at purchase.
QUESTION:
Do the California "Lemon Laws"
cover used vehicles and demonstrators ?
ANSWER:
Any used vehicle sold with an
unused portion of the manufacturer's new car warranty may also qualify as
a used vehicle to be covered.
QUESTION:
What is the "Lemon Laws" presumption?
ANSWER:
The California "Lemon Law"
presumption is merely a legal device which is only meaningful if
negotiations with the manufacturer fail, and you must resort to
litigation. It then allows the consumer/plaintiff to establish at trial
that she or he has met the plaintiff's normal burden of proof that the
vehicle is a lemon and shifts the legal burden to the manufacturer to
prove otherwise. That's all it does. It is not, however, a prerequisite
to filing a lemon law claim!
Purchased or leased a new car, truck,
motorcycle, motor home, or a boat.
The vehicle
must be for personal or small business use.
If you
brought the vehicle to a dealer for repair of the same or
similar problem four or more times during the first 18 months
or 18,000 miles. Or only two or more times if the manufacturing
defect results in a condition that is likely to cause death or serious
bodily injury. Or if it was out of service for a total of more than 30
days within that time.
If the
problem still exists.
Then the
legal presumption is established.
QUESTION:
Do I have to qualify for the
"legal presumption" in order to obtain the benefits of the California
"Lemon Laws?"
ANSWER:
No. The presumption is neither a requirement nor a prerequisite. There
are many situations which do not exactly meet the "Lemon Law" presumption,
but which may still entitle you to recover under the "Lemon Law". So long
as the defect affects safety, value, or use, and occurred within the
warranty period, and cannot be repaired after a reasonable number of
attempts, the vehicle is entitled to these legal protections.
QUESTION:
What am I
entitled to recover? Do I need to first go through arbitration?
ANSWER:
If you qualify
you will be able to recover your down payment, (including registration
fees, licensing fees, taxes, transportation costs), plus your total
monthly lease or loan payments, plus a portion of your attorneys' fees,
less only a reasonable "usage fee" based on mileage as allowed under the
California Lemon Laws.
And NO, you do not need to first go
through arbitration to make a "Lemon Law" claim. In fact, arbitration can
be dangerous because if the decision is against you, that decision may
later be used as evidence against you in any subsequent court action which
you may file against the manufacturer.
NOTICE:
ALTHOUGH IT
IS POSSIBLE TO PURSUE RECOVERY THROUGH THE "LEMON LAW" PROTECTION PROCESS
ON YOUR OWN, YOU MAY WISH TO CONSULT AND/OR RETAIN AN ATTORNEY TO COMPLETE
THE PROCESS ON YOUR BEHALF.
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