California has enacted the Song-Beverly Consumer Warranty Act which includes provisions for dealing with manufacturers who produce faulty motor vehicles or "lemons." If the maker of a faulty vehicle cannot or will not complete the terms of the warranty on the motor vehicle and repair it within a "reasonable number" of attempts, according to the "Lemon Law" then they are required to refund your costs. Those costs include towing, license, tag, registration, finance charges, repairs, sales tax and any other costs incurred while the vehicle remains faulty. They are also required to either repair or replace the motor vehicle.
If the manufacturer of the motor vehicle cannot fix the problem, there are also Federal "Lemon Laws" that protect the consumer. These laws apply for the entire time that the motor vehicle is under warranty so even a defect that is not discovered until the warranty is about to expire, the consumer is still protected by the "lemon laws" until its expiration.
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The interpretation of the law is open for debate as a few points are unclear. The Lemon Law addresses the meaning of "reasonable number" of repair attempts as this is often a gray area. If the same problem is not satisfactorily repaired after two attempts, the same defect is addressed four or more times the vehicle must be replaced. This is obviously at great expense to the manufacturer so a few more points must be mentioned. If the vehicle is out of service for repairs for thirty days or more and the consumer has contacted the manufacturer directly at least once, this constitutes a reasonable number of attempts.
It should also be mentioned that these laws are still very vague and subject to individual interpretation. Enforcing the California Lemon Law can be complicated and the cases are often lengthy and expensive due to the interpretation. They are guidelines to follow and not strictly enforced. It is very important to be able to apply the provisions of the law to your personal case as they may be vehemently contested.
The provisions of the lemon law are voided if the defect is a result of neglect or abuse of the vehicle. Claims against the manufacturer should begin as soon as the defect and lack of resolution are evident. The Lemon Law may also extend to vehicles sold with extended warranties and were pre-owned certified vehicles.
Cases can be won or lost because of inadequate knowledge of the Lemon Law. When your day in court comes, be prepared.
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Nov 08, 2011 02:56:32
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