The California Lemon Law is consumer-oriented in its coverage. It gives the consumer the right to return their defective automobile to the manufacturer. By law, the mandate is for a full or partial refund, provided that the suspect vehicle cannot be fixed or repaired adequately by the manufacturer in a reasonable manner or time. Under the Lemon Law, a vehicle with original manufacturer's warranty may be returned to the manufacturer for a partial or full refund, plus incidentals, if the dealership has tried to repair the same problem four times (two if it's a serious problem that could cause major injuries), or if the vehicle has spent more than 30 days in for repair of the problem.
The Lemon Law states that to qualify, the vehicle must have problems that seriously impair its use, value, or safety. Manufacturers tend to be reluctant to "buy back" a vehicle, since it is expensive for them to do so. In order to void a warrant, on occasion, manufacturers try to point out that the vehicle in question was abused or changed by the owners thus making the warranty invalid. If the manufacturer can prove it, the warranty is voided and the Lemon Law cannot help. To avoid this, owners should follow these guidelines below after purchasing the vehicle: 1. Follow the manufacturer's suggested maintenance schedules strictly.
(Maintenance is not necessarily done at dealerships but the warranty repairs of the vehicles are always.) 2. Keep all invoices detailing repair, even if few or none were made. Hang on to all receipts for purchases for engine work, like oil changes, that you have done.
Keep any receipts you have that came from problems with your vehicle, such as towing bills or a mechanic's receipts. 3. Immediately take your vehicle to the dealership if it is not performing properly. Inability to identify a problem may exacerbate it, thereby leading to a cancellation of warranty.
4. If you alter stock components of the car, like putting in racing parts for regular engine parts, you might void the Lemon Law. Van conversions can be problematic since the vehicle is no longer considered stock after it has been converted. 5.
Unintended uses, such as trying to pull a small yacht with a 4 cylinder Toyota Corolla, should definitely be avoided. 6. A continuous problem should be reported in writing, to both the service manager of the dealership and the manufacturer's representative.
Parts of the warranty may be voided by an accident. For instance, your vehicle's suspension problem may not qualify under the Lemon Law if a wreck caused damage to the suspension. Most vehicle manufacturers will cooperate if it happens that the vehicle is considered a Lemon under the Lemon Law, although they do not like to buy back vehicles.
Using the tips provided above will help ensure your Lemon case won't leave a sour taste in your mouth.
Barry Edzant is an experienced California lemon law lawyers and has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the Ca lemon law and additionally can help those with other personal injury claims such as those seeking a Los Angeles car accident lawyer.
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