If you purchased or leased a late-model car in the State of California and feel you have had to take it in for warranty repair too many times since its purchase or lease, you may have the right to receive a refund or replacement vehicle through California’s Lemon Laws. Some estimates show that 150,000 vehicles purchased or leased in California every year are either defective or fail soon after purchase/lease.
If you purchase a new vehicle, you should never have to immediately worry about breakdowns, mechanical issues, or safety problems. You have legal rights under laws that protect consumers who bought or leased a damaged or defective new vehicle, which laws can force the manufacturers to honor their warranty promises.
Consumer Protection Laws
California’s Lemon Law applies to almost all consumer goods and has special rules for vehicles. If a manufacturer will not or cannot fix a new vehicle after a reasonable numbers of attempts, they have a legal obligation to either refund the consumer’s money for the defective product or replace the vehicle. The lemon law requires that a manufacturer or seller of a new consumer good follow these requirements:
- Provide the consumer with adequate repair facilities within a reasonable distance within the State of California
- Ensure that the repairs do not take longer than 30 days
- Require the manufacturer to fix the motor vehicle within a reasonable number of attempts, sometimes as few as two-to-four times, depending on the issue
- Provide the consumer with a refund (minus a deduction for the use of the vehicle before the first repair attempt) or an equivalent replacement vehicle
- Pay for the consumer’s attorney’s fees, costs, and expenses if a lawsuit is pursued
It is important to note that these laws cover all new vehicles as well as most used vehicles that are still under the manufacturer’s new vehicle warranty or a certified pre-owned warranty. Also, the lemon law may not apply if the vehicle was abused by the owner.
Your Legal Rights Under Lemon Laws
Under California’s Lemon Laws, you have several remedies that you may pursue if you feel that the vehicle you purchased was defective.
- Require the manufacturer or seller to repurchase the vehicle from you and refund the total amount that you purchased the car for, less a deduction for your use of the vehicle before the first repair attempt
- Replace the defective vehicle
Contact an Experienced Lemon Law Attorney Today
If you think that your new car, truck, or SUV might be a lemon, and are struggling with the manufacturer or seller regarding your legal rights under California’s Lemon Laws, you may have the right to pursue litigation regarding your vehicle purchase. Contact the experienced attorneys at Conn Law, PC today at 415-417-2780 or online for your free consultation and to ensure your legal rights are protected.