The California Lemon Law offers legal protection to virtually anyone that buys or leases a vehicle, or any other motorized used vehicle no longer under the manufacturer's warranty. The lemon law covers a wide variety of different vehicles such as automobiles, trucks, motorcycles, boats and recreational vehicles. The lemon law in California protects consumers from purchasing or leasing a motor vehicle, or a vehicle that the manufacturer acknowledges as defective, within a specific period of time called the "lemon period." It is possible for a consumer to purchase or lease a vehicle and be stuck with it for an extended period of time without purchasing or paying for a repair. The law also covers consumer purchasing or leasing an automobile that has previously been sold or leased. The law protects automobile buyers or lessees that buy or lease a vehicle, but the buyer or lessee does not have to pay for the repairs or replacements, if they were caused by defects that were not disclosed by the manufacturer prior to the sale or lease.
Most people know that a car qualifies for the lemon law in California when it proves to be unsafe and unreliable, even if it was previously owned or leased. However, consumers need to be careful when purchasing or leasing used vehicles because if a seller does not mention that a car is under a warranty, then the California lemon law does not apply. A seller must provide documentation that clearly discloses all of the conditions under which the car will be offered for sale or lease, such as the make, model, year, styling, and body style. For more see page.
To prove the car qualifies for the California lemon law in California, the leaser or seller must first notify California drivers of the defect. After telling California drivers of the defect, the seller must then attempt to repair or replace the item at least three months after discovering the defect. The California lemon law states that a seller cannot begin repairing or replacing the item before reporting that defect to the Department of Motor Vehicles. In the meantime, the consumer can purchase the vehicle free and clear of any liabilities. A car must also be resold within two years of the date of the transaction to be eligible for this lemon law claim. If the car manufacturer does not agree to repair or replacement of the item, then the car owner should file a California lemon law claim with the DMV.
Another way to determine if a vehicle is covered by the California lemon law is to determine if it was repaired or replaced due to negligence. In this instance, the laser would have to file a lawsuit against the manufacturer to recover damages. Leasing or buying from a dealership that filing a false claim for the safety defect is not covered under the California lemon law. It is illegal for a dealer to try to force an individual to return a car or to make any type of false claims about the safety of a vehicle. These types of tactics are considered unethical and are strictly prohibited by the California lemon law.
The California lemon law also protects consumers from fraud or deceit when purchasing a vehicle. This includes any person who advertises a vehicle as having special features or one that will not hold up to the local driving laws of California. Anytime that a seller makes such an untrue statement, the California lemon law protects the buyer by requiring the seller to refund any money that was spent on the vehicle. In addition, if the seller does not abide by this provision in the California Civil Code, the court may award the buyer a statutory penalty of up to two thousand dollars.
If a California vehicle still does not qualify under the CA lemon law, then it is time to contact a qualified car warranty or consumer protection agency to see what options you have. A California car warranty or program typically pays a consumer for repairs or replacement of parts that are defective under a set of terms and conditions. To determine the validity of the warranty claim, it is important to contact a car warranty or protection agency in California to ask questions regarding the California lemon law. If you find that the California warranty does not cover your car's defects, then you may be able to file a California class action lawsuit to recover your losses. Learn more here.
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