Revealed! The Interpretation of the Lemon Laws in California
If you have bought a vehicle of any type including a motorbike and even a boat and if it malfunctions within a short period after purchase and even through you have diligently taken it to the dealer\’s workshops; they have not been able to fix the flaws or new issues keep arising, you may be forced to wonder about your legal rights in such a scenario. After all, few vehicles are cheap these days and after sending all that much money it can prove very disappointing and harrowing to be stuck with a lemon. So let\’s talk about what the law says in such a case:
There are federal and state laws in place to protect the rights of consumers who have been sold a faulty product including a vehicle or any other item deliberately or otherwise, And even after being given reasonable number of chances to fins the problem if the manufacturer cannot rectify the issues that impede the operations, functionality and the safety in case of cars of such a product; then the buyer is entitles to get a full refund or a replacement.
In the state of California and in other states the legal interpretation of this law can be difficult for a lay person to understand, so here is a look at the lemon laws in California for the average Joe.
If you have purchased a new vehicle in the state of California, you are protected by the Song-Beverly Warranty Rights which explicitly mention that if a manufacturer had been given ample opportunity to fix a problem with a vehicle but cannot or if even after repeated attempts to rectify the problem, the dealer or manufacturer, problems keep arising or the vehicle cannot be operated correctly due to these defects; then the manufacturer or the dealer are legally obligated to return the purchase price of the vehicle along with any charges that may have been incurred to buy the vehicle such as registration etc.
If you have bough you car on a loan, the dealer will be responsible for settling your dues with the lending institution while you will get any taxes and the down payment back along with any monthly payments that you have made. Under the Act, the court may also order the dealer to offer a replacement. This laws also holds true in case of leased cars and it is entirely at the buyer\’s or the lessee\’s discretion which option to choose; that is whether to accept the money or a new car. In such cases the manufacturer is also liable to pay for any legal expenses that you may have incurred, incidental damage cost, licensing fees etc.
The purchase price that will be refunded will include any accessories manufacturer provided accessories but not non manufactured items that have been installed in the ehicl3, For instance, if you buy a Toyota with a music system from Bose, you will get a refund for the car but not for the music system regardless of how expensive it is but you can always pull it out of the car and take it along with you. However, the manufacturer may also charge you for vehicle usage; the usage is calculated by dividing the total number of miles on the car by 120,000 so if you were to have 6000 miles on your car that would be 5% of the refund amount that would be deducted.
If you have purchased a used car without a warranty, the law cannot offer any form of protection to you. Also, there is no \”cooling off period\” under this law. In other words, when selling used cars the dealers are just required to offer the option of purchasing a \”Two day contract\” cancellation provision. If you have purchased such an option, as the consumer, you have till the close of the second day to return the vehicle unless; you have a written agreement that increases this period from the dealer. The dealer can also set a limit on the number of miles that can be clocked in order to get the car back. However, he cannot set them at less than 250 miles. Ensure that you have all your paperwork including any bills, cancellation contracts etc handy.
Author Bio: Seomul evans is a SEO Services consultant for California lemon law and also write Free Law Content
Category: Legal
Keywords: law, legal, lemon, lawyers, Attorneys, Dallas, louisiana