Q: I bought a used car, which is just 1 year old, with fewer than 10,000 miles. It doesn’t work well and is in the shop for a third time. Is the Lemon Law good here? If so, what is it and what do I do?
S.K., Torrance
Ron SokolA: First, there are lawyers who focus on Lemon Law cases. I encourage consultation with a specialist. Here, I can provide what research indicates:
The state’s Lemon Law is found at California Code of Civil Procedure Sections 1790-1795.8, and is known as the “Song-Beverly Consumer Warranty Act.” The objective is to protect the consumer who buys or leases a new or certain used motor vehicles that sadly turn out to be “lemons,” which means not functional and/or defective.
The vehicles covered are pick-up trucks, vans, SUVs, cars, some motorcycles and portions of motorhomes, sold or leased here and that are under the manufacturer’s new vehicle warranty. To be clear, the law applies to new as well as used vehicles still protected by the original manufacturer warranty. A small business’ vehicle also can qualify if the business has five or fewer vehicles registered to it, and the gross vehicle weight is fewer than 10,000 pounds.
A car is deemed a lemon when it suffers from a defect covered by the warranty, but which substantially impairs its use, safety and value. In addition, a car is a lemon when the dealer or the manufacturer has had a “reasonable number” of opportunities to effectuate repaird, but the problem continues. If there is a serious safety defect (such as brakes), then two attempts may qualify; four or more attempts for other problems; or, if the vehicle has been in the repair shop for more than 30 days during the warranty period. Note, however, that this does not have to be a consecutive 30 days.
If your car is determined to be a lemon, the manufacturer is required to either replace the vehicle with a new one, or refund the purchase price minus a mileage-based usage fee. Also, the manufacturer is on the hook for incidental expenses you incurred (such as towing and/or a car rental), and, if you bring a claim, then your attorney fees could be charged to the manufacturer as well.
Q: I have a lemon car. The dealer even agrees. But the dealer also says I have to arbitrate. Is that valid?
D.O., Downey
A: California provides a state-certified arbitration program for Lemon Law matters. This means that if there is an arbitration clause in the paperwork you signed (and agreed to) when you bought the vehicle, you are to go through that process. It must, however, be a program certified by the California Department of Consumer Affairs, must be free to you, and must meet standards of fairness (which signifies arbitrators who are neutral, that both sides can present their positions and written decisions are issued). In addition, the decision is not binding on you; you can agree to the decision or choose to take further action. The manufacturer, on the other hand, is bound if you accept the outcome.
A good summary about new rules that manufacturers must abide by for arbitration of Lemon Law claims can be found online at dca.ca.gov/acp/new_lemon_law.shtml.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Related Articles
If I get sick from bacteria in the ocean, can I make a claim? Ask the Lawyer Is this home care contract for my mother OK? Ask the Lawyer What if my signature on the contract is forged? Ask the Lawyer Can a baseball team get money back if it pays a lot for a player who is really bad? Ask the Lawyer Is cross examination a free for all? Ask the LawyerHence then, the article about the lemon law is good here in california ask the lawyer was published today ( ) and is available on The Orange County Register ( Middle East ) The editorial team at PressBee has edited and verified it, and it may have been modified, fully republished, or quoted. You can read and follow the updates of this news or article from its original source.
Read More Details
Finally We wish PressBee provided you with enough information of ( The Lemon Law is good here in California? Ask the Lawyer )
Also on site :
- Samsung Plans to Bring Google Photos to Samsung AI TV Lineup, Helping Users Relive Their Favorite Memories on the Big Screen
- Hilton assisted living facility evacuated overnight due to water leak
- Quantum Computing in Financial Services Market Set to Reach USD 6.3 Billion by 2032 as Banks Move from Experimentation to Quantum Advantage .. DataM Intelligence