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Overview
What Does This Lemon Law in California Say?Many people purchase new cars believing that it will provide them with safe and reliable transportation for years to come. A major problem arises, however, when that new vehicle comes with its own set of problems. Knowing that the customer and dealer had an inherent understanding that the purchased vehicle would function properly, it is the dealer's responsibility to ensure that it does. Under the California Lemon Law, the dealer must make good on the deal by either repairing the car until it runs sufficiently or supplying the customer with a new vehicle. Either way, the customer is entitled to receive what he paid for. When a consumer and dealership exchange money for a new car, they are doing so with the understanding that this brand-new vehicle will provide years and thousands of miles of great service. When this does not occur, however, the dealership and manufacturer must make good on the agreement by providing a vehicle that can live up to its potential.
Purpose
The California Lemon Law exists to protect consumers from receiving a product, namely, a motor vehicle, that does not perform the way it should. When an individual buys a new vehicle, she assumes that its brand-new, never-used parts will provide her with a car that provides optimal performance. However, some vehicles, even new ones, experience recurring problems, such as brake or engine failure, that do not allow the individual to utilize her new car the way she should be able to. Under the Lemon Law, the manufacturer must make multiple attempts to repair the problem and make good on the terms of the contract. If, after multiple attempts, the vehicle still does not run correctly, it can be exchanged for a new vehicle that should not have the same problems.
Time Frame
The Lemon Law can be used when problems arise during the first 18 months of ownership or up to its first 18,000 miles. It depends upon which occurs first.
Application
The Lemon Law entitles a car owner to a vehicle that works. If the vehicle has major problems, such as faulty brakes, engine malfunction or an inoperable air conditioner - basically any problem that would either cause the owner major discomfort or put him at risk when the car is in motion - then the dealer must make several reasonable attempts to fix the problem. Generally, the standard for a "reasonable" amount of attempts is 4. The customer, however, must allow the dealer a "reasonable period of time" in which to fix the problem, which usually amounts to 30 days.
Contingencies
The Lemon Law applies to new vehicles that are purchased for personal use. It can also apply to vehicles that are purchased for business purposes, if the vehicle weighs less than 10,000 pounds and the business has no more than five vehicles already registered to it within the state.
Considerations
Though the California Lemon Laws usually apply to brand-new cars and trucks that are purchased from dealerships, they can also apply to other types of vehicles that are sold with express written warranties. Motorcycles, mobile homes, cars and trucks sold with service contracts or express written warranties, and used vehicles sold with written warranties, can exercise the Lemon Law, should the same problem continue to occur. Even cars that were formerly considered to be lemons and re-sold by the manufacturer can utilize this law if the manufacturer provided a written warranty that promised to cover the problem that made the car a lemon in the first place.
