How upsetting is it to end up buying a piece of crap, eh? Lemon is actually just a nice term for a junk car, isn’t it? A car is a major investment that anyone can ever endow himself throughout his lifetime. But what if you were duped by these fraudulent manufacturers and dealers? Then it’s time to act against a lemon! Victims can seek legal recourse under lemon laws. Being a federal statute, lemon laws protect consumers of the United States.

However, lemon laws vary by state.

California lemon laws, otherwise known as the Song-Beverly Consumer Warranty Act, require manufacturers to replace or reimburse the purchase of major consumer products which are found to be defective and cannot be fixed within a “reasonable number of repair attempts” within the warranty period.

Reasonable Repair Attempts under California Lemon Laws

The California lemon laws clearly state that dealers must be given a reasonable number of repair attempts. However, the law does not specifically require the number of repair visits. Generally, the claim has to be invoked within the first 18 months or 18,000 miles of lemon car use. However this is not always the case. California lemon laws grant protection to consumers even after 18 months from purchase as long as repair visits occurred within the warranty period. Usually, four repair attempts for the same defect will qualify for the California lemon laws. However, if the defect is life- threatening or may result to serious injury, two repair attempts may suffice. Moreover, lemon car owners can also seek recourse under the California lemon laws if the vehicle has been out of service for 30 days because of repair service.

Coverage of California Lemon Laws

The California lemon laws cover new, used, or leased vehicles that are purchased for family or personal use. Vehicles used for business which weigh 10,000 pounds or less are also protected by the California lemon laws as long as the entity does not own more than five vehicles registered in California. Additionally, the law also applies to all consumer goods which include motorcycles, boats, recreational vehicles, appliances, computers, among other electronic equipments.

Arbitration Not Required in California Lemon Laws

Do not be deceived when the car manufacturer or dealer tells you that arbitration is required under the California lemon laws. Truth is, the state law does not demand the consumer to participate in arbitration which, by the way, is financed by the manufacturer. Avoid out of court settlement. You can probably guess how slim your chance of a just compensation can be. However, if you decide to proceed in arbitration and the panel does not give you a favorable decision, you can bring the case to the court.

Filing a California Lemon Law Suit

Documents pertaining to repair attempts and records that will prove that your car has been actually towed are necessary to boost your chance in winning the case. More so, when deciding to file a lemon law suit against the manufacturer, you need legal assistance. A lemon law attorney will walk with you throughout the proceeding. Lemon laws can be hazy, thus requiring an expert to discuss the provisions in a layman’s term as such that you can simply comprehend your chance to prevail.

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