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Here is a general
example of a State's Automobile LemonLaw.
It is Section 1793.22 of California's Civil Code that makes up
California's Automobile Lemon Law.
REMEMBER,
Automobile LemonLaws
and their application vary from state to state.
Lemon
Laws in California.
California's consumer
warranty law requires the manufacturer of a new motor vehicle leased
or sold with a manufacturer's written warranty to repair the vehicle
during the warranty period so that it conforms to the warranty within
the first 18 months of purchase or 18,000 miles, whichever occurs
first. The vehicle may be a new car, van, truck or the chassis portion
of a motorhome, but it must have been purchased or leased for
nonbusiness use.
NationalRentalCar |
Discount Tires
If the manufacturer or dealer cannot fix the vehicle to conform to the
warranty within a "reasonable" number of repair attempts, then the
manufacturer must replace the vehicle or reimburse the buyer or lessee
for its purchase price, whichever the consumer prefers (less a mileage
offset for the consumer's use of the vehicle prior to the first repair
attempt), subject in certain cases to arbitration that the consumer
may or may not accept.
Law
Information
The Lemon Law uses a presumption as a guideline for determining
whether a "reasonable" number of repair attempts have been made on a
new vehicle. In order for the buyer or lessee to use the Lemon Law
presumption, all of the following must be true:
The vehicle must be one that qualifies as a "new motor vehicle" as
described above.
The vehicle's problems must be covered by the manufacturer's warranty.
The problem(s) must occur within the first 18 months of delivery or
18,000 miles on the odometer, whichever occurs first.
The problem(s) must substantially reduce the use, value, or safety of
the vehicle to the buyer.
The problem(s) are not caused by abuse of the vehicle.
The manufacturer has not fixed the problem(s) after four or more
attempts or the vehicle's problem(s) could cause death or serious
bodily injury if driven and the manufacturer or dealer has made at
least two unsuccessful repairs attempts; or the vehicle has been in
the shop for more than 30 days (not necessarily in a row) for repair
of any problem(s) covered by its factory warranty and if the warranty
or owner's manual requires you to do so, that you have notified the
manufacturer about your problems. (Best done in writing.)
If all of these criteria are met, the Lemon Law "presumes" during the
first 18 months/18,000 miles (whichever comes first) that the buyer or
lessee is entitled to a replacement vehicle or a refund. However, a
replacement or refund may not be automatic since the manufacturer is
entitled to prove that no problem exists, that a reasonable number of
repair attempts have not been made, or that the problem does not
substantially impair the vehicle's use, value or safety. This is
predicated upon the consumer's decision to utilize the manufacturer's
arbitration program, which they are not required to do unless they
decide to pursue the "presumption" rule.
Even if the vehicle does not fit the 18 month/18,000 mile
"presumption" criteria, consumers may still be entitled to a buy back
if the vehicle has been subject to a reasonable number of repair
attempts ANY TIME during the entire New Vehicle Limited Warranty
period, which is typically 3 years/36,000 miles, or 4 years/50,000
miles, depending on the manufacturer.
Note that if the manufacturer of the vehicle offers a certified
arbitration program, the buyer or lessee must utilize the arbitration
program only if they wish to use the "presumption" rule, which is in
effect only during the first 18 months/18,000 miles of purchase/lease
date. After that date (and during the entire period of the balance of
the manufacturer's New Vehicle Limited Warranty period), there is no
requirement that a consumer must utilize arbitration, so a consumer
may directly contact a Lemon Law attorney if they wish. If the
consumer wants to use a Lemon Law attorney during the first 18
months/18,000 mile of purchase/lease of the vehicle, they may also do
so if they wish, if their vehicle meets the requirements of the Lemon
Law.
Note: Consumers must be aware that 3 potential decisions are awarded
as a result of a arbitration hearing. 1. Repurchase or replacement of
vehicle; 2. Denial of request for repurchase or replacement of
vehicle; 3. Repair decision "award", allowing the manufacturer another
attempt to repair the vehicle. The automobile manufacturer may also
try to "settle" the consumers case by offering "solutions" such as a
free Service Contract, refunded payments, "next vehicle" discount
coupons or other offers to avoid the arbitration (whether before or
during the Arbitration). Consumers should know that arbitration is not
publicly funded by any state or governmental agency, but rather by
contributions made by the automobile manufacturers.
Consumers must also be aware that though the arbitrator's decision is
not binding on the consumer, that any documents, audio recordings,
statements by any/all parties, the consumers decision to reject a
repair attempt decisions, etc., can be used by the automobile
manufacturer against the consumer in a later civil court action.
Many Lemon Law attorneys will offer free consultations via toll-free
phone numbers to consumers prior to a consumer deciding whether they
wish to utilize arbitration for their individual lemon law case. The
Lemon Law attorney can also advise what the proper monetary
restitution should be in their case prior to the consumer's decision
to utilize the arbitration process.
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