Help! I Have Bought a Lemon, Can the Lemon Laws in California Help Me?
Do you feel that you have been duped into buying a lemon? Are you having trouble with your brand new automobile acquisition? Has your car spent more days in the garage than on the road? Does the vehicle crank each time you shift a gear, or perhaps the brake gives way when not expected or the trunk comes off open in the middle of the road for no apparent reason. No, it’s not a poltergeist in your car; chances are that you have bought a lemon. The bad news is that you have been had but wait there is a silver lining to this cloud in the form of lemon laws in California
Lemon laws in California were enacted under the Song-Beverly Consumer Warranty Act to safeguard the interest of the consumer when a faulty product has been sold. The act also encourages manufacturers to assume the responsibility of selling a defective product without offering adequate knowledge about it to the buyer. If you had bought a car in the 1970s; there would be very little that you could have done t tackle a lemon even if it was a hazard to the other drivers on the road and your own life because there were no laws t protect your consumer rights but today there is a legal recourse to compel the buyer to either replace the faulty vehicle or offer compensation. So lets talk about how you can identify a lemon according to the lemon laws in California and what you can do about it.
How do you know if you have a lemon?
If you a purchase or lease a car in the state of California and the vehicle develops a problem within the warranty period, the seller or manufacturer will have to make every effort to repair the defect within a reasonable number of attempts. However, if they fail to rectify the problem; then you are entitles to get a compensation or a replacement, the choice is left at the consumers discretion.
If you purchase a defective used vehicle that comes with a warranty and you were not expressly told about the defects in the car, you are entitled to get a refund or a replacement from the seller.
The lemon buybacks are eventually put back into the market for sale; however, if you are being sold such a vehicle, the dealer is required to offer a one year warranty on it and it cannot be sold in an as-is condition without the original defect being rectified. Also, the customer should be notified that he/she is purchasing a lemon buy back; such a vehicle should be demarcated from regular used cars by a sticker on the door jamb stating as much so that you know that you are purchasing a lemon buy back.
Even if you purchase a lemon from a private party and not a commercial establishment; however, if you were not intimated about the defects in the car at the time of the purchase, you would still be entitled to get a refund from the seller.
If you think you have been had and were sold a lemon, get in touch with a lawyer who handles cases related to lemon laws in California.
It is also imperative to understand that you will have to furnish proof of the fact that you did indeed purchase the car from the establishment against which you are raising the claim. Also, you will need to offer proof of the fact that the dealer or manufacturer was given enough attempts to try and resolve the issue with the vehicle and despite the best efforts of the manufacturer or its representative the defect could not be sorted out. You will also need to prove to the court that the defect has impeded the operations, safety and the functionality of the vehicle for at least a period of 30 days after purchase. An attorney who handles consumer rights cases should be able to guide you appropriately.
However, if you are purchasing a car, you would be well advised to maintain record of all receipts including any cost that you may have to incur for repair of the vehicle that was not caused due to an accident or inappropriate usage.
Author Bio: Seomul evans is a SEO consultant for California lemon law attorneys and also write Free Law Content
Category: Automotive
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