The California Lemon Law Explained

The California Lemon Law is designed to protect vehicle owners who discover essential unfixable defect in a car they have leased or purchased. Below are key points which help consumers to understand the law.

·     The California Lemon Law applies to any defect which «substantially impairs its use, value or safety» of a vehicle covered by an automaker`s warranty in case if the defect is found out within 18 months or 18 miles of lease or purchase. Even if you bought used car, the California Lemon Law can be applied if it is still covered by original manufacturer`s warranty.

·   If the automaker fails to eliminate the problem it is entitled to replace defective vehicle with a «substantially» identical new car or refund your money whichever consumer chooses. Vehicle owner can be charged for the mileage put on the defective car. If the motorist has driven it 6,000 miles, for instance, 5% of the initial price can be deducted before giving him a refund.

·         Automaker has an opportunity to undertake «reasonable» number of attempts to have the defect fixed before a vehicle is branded a lemon. There is no clear definition of how many attempts are considered «reasonable». Automakers usually are given 4 attempts, but if the problem potentially threatens the motorist`s and its occupants` life (defective brakes, etc.) they are given only 1-2 tries. Vehicle owner is entitled to seek a refund or replacement if the car has been in the shop for cumulative 30 days.

·       You shouldn`t be surprised if the automaker and its dealer push back. They may debate that the defect was caused by «abuse». If it`s true the California Lemon Law cannot be applied. The car dealer may also argue that the warranty doesn`t cover the defect, or that it was not given enough tries to have the problem fixed. So it`s essential to keep all the records related to the correspondence with automaker and dealer as well as works on the vehicle

·   To have the lemon law claims settled many automakers participate in arbitration programs. If the consumer is not happy with the arbitrator`s decision he can reject it. The lemon car owner has right not to enter the arbitration and contact a qualified California Lemon Law attorney and take the case to court.