Have a Lemon Car?

What Does California Lemon Law Provide to You?

 

If the vehicle you bought is defective and it often requires repairs, the manufacturer or the dealership shall repair the vehicle under the original warranty, manufacturer extended warranty or the dealership warranty. However, sometimes vehicles require too many repairs, affecting its use, value or safety. If the vehicle cannot be repaired with reasonable number of repairs, California consumer laws protect you by providing you the right to repurchase or replace the vehicle, as well as expenses for past repairs, car rental fees, tow fees, DMV fees, license fees, loan interest, attorney fees, and all the other vehicle-related expenses.

 

What Is Reasonable Number of Repairs?

 

In the first 18 months or 18000 miles, whichever occurs first, one or more of the following happens:

 

• The vehicle has a defect that poses a safety concern, and the dealer has had at least two chances to repair it

• The vehicle has any kind of defect, and the dealer has had at least four chances to repair it

• The vehicle has been at the repair shop for more than 30 cumulative days

 

If the dealer cannot repair your vehicle in a reasonable number of repairs and it is still defective, then he has to replace the vehicle with a new one or refund you the full amount of money you’ve paid.

 

Does the California Lemon Law Apply to You?

 

California lemon laws apply to you if:

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• You are an individual who has purchased the vehicle for personal, family or household needs

• The vehicle is owned by a business with maximum five vehicles registered in California, and the vehicle’s gross weight doesn’t exceed 10,000 pounds

• The vehicle is bought as a used vehicle and is still under factory warranty

• You have purchased or leased the vehicle in California, unless you are active duty military. If you are active in the military, you are eligible to claim if you’ve been resident or stationed in California at the time of purchasing or the time of filing a lawsuit.

 

Does the California Lemon Law Apply to Your Vehicle?

 

It depends on the warranty. There are two kinds of warranties - for merchantability and for fitness.

California lemon laws require the vehicle to be merchantable, which means it has to look as if there was nothing that should have made you think that something is wrong with it. According to the law, it has to:

 

• Pass without objection in the trade under the contract description

• Are fit for the ordinary purposes for which such goods are used

• Are adequately contained, packaged, and labeled

• Conform to the promises or affirmations of fact made on the container or label

 

When it comes to vehicle’s fitness, the law requires that the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose.

 

What Can You Get?

 

It depends greatly on the circumstances of your case, but you can expect one of the following outcomes:

 

• Get nothing

• Keep the vehicle and get a certain amount of money as compensation

• Have your vehicle replaced with a same or similar one

• Get a refund, minus an amount for your use and non-manufacturer installed items

 

To increase your chances of getting the outcome that you desire and deserve, call our Los Angeles lemon law attorneys at the John Akopian Law Firm for help. We have served many good people who’ve been unfortunate to end up with a lemon, but now drive better vehicles. Call us at +1 818-244-0050 and let’s get to work.