California Lemon Law
California consumers who have a bad experience with a defective automobile should know that they are protected by a provision known as the California Lemon Law. The California Lemon Law is also known as the Song-Beverly Consumer Warranty Act, California Civil Code Title 1.7. It is important to understand that the lemon law is simply a provision, not an actual rule. The Lemon Law is intended to be used as a guide, created with specific guidelines throughout the provision.
There are a variety of factors that come in to play when one can consider their vehicle a lemon. The California Lemon Law applies to new motor vehicles that are intended for personal, family, or household uses. It should also be known that vehicles purchased for business use also can be protected if the vehicle is less than 10,000 pounds. Legal entities, associations, and corporations all fall in the business category.
Actions taken will always vary, based on each individual’s specific situation. Generally, the lemon law will apply to a vehicle during the first 18 months after delivery, or within the first 18,000 miles of the automobile. A reasonable number of repair attempts must be made by the manufacturer, or its agents, to correct whatever situation is occurring. Again, this will all depend on the seriousness of the automobile’s defect. For example, a brake failure is considered a serious defect. This is a defect that can cause bodily injury, or even death in some cases.
It should be known that a judge or an arbitrator can make the decision of weather the manufacturer has made reasonable attempt to repair the defect. The manufacturer certainly has the right to prove its efforts to repair the problems. At the same time, the consumer also has the right to argue their case to the judge as well.
It is highly recommended that the consumer keep copies of their vehicle’s paperwork. Warranties, manuals, repair orders, and receipts are all examples of paperwork that should be copied and saved for future reference. You will find it much easier to prove your case if you have a nice paper trail to back up your statements. The California Lemon Law involves the Arbitration Certification Program. It is a good idea to contact the office of this program so that correct lemon law procedures can be followed.