California has an automobile warranty law which is designed to assist new car buyers who are unable to get the dealer to fix a problem after a reasonable number of attempts. This law is often referred to as the "Lemon Law." It applies not only to automobiles but motor homes, boats, and all purchases of consumer goods.
The sale of every consumer product in the State of California contains a promise by the seller that the product will operate properly. That promise is backed up not only by the person or business that sells you the product but the manufacturer of that product is responsible as well. If you have purchased a new automobile and it is defective, you may be entitled to either a refund or a replacement automobile, at your election. In order to qualify the vehicle must contain a defect or "nonconformity" that substantially impairs the use, value or safety of the vehicle.
If your vehicle develops a defect, you must first of all give the dealer an opportunity to correct the problem. If the dealer or its representatives cannot correct the problem after a reasonable number of attempts, you are entitled to either to a new vehicle or your money back, in some cases you may even be entitled to claim additional damages such as repairs, rental cars, insurance and attorney fees.
The difficult part is to determine how many repair attempts are reasonable? There is no hard and fast rule. The lemon law says that a reasonable number of attempts have been made if, within a one year period from delivery or 12,000 miles on the odometer of the vehicle, which ever occurs first, the vehicle has been subject to repairs for the same defect four or more times, or if the vehicle is out of service for repairs at least thirty calendar days for any reason.
This presumption is a minimum standard and a vehicle may qualify sooner depending on the nature of the problem. If a defect develops within the warranty period, the warranty should not expire until the defect has been fixed. If you feel the dealer cannot fix the problem, you should try to contact the manufacturer directly with your complaint. The telephone number of the service representative should be contained in the warranty book that you received when you purchased the vehicle.
If you would like an e-mail opinion whether you may qualify to get your money back from the purchase of your vehicle, then please complete the questionnaire, or call and speak to one of the attorneys at our office for a free telephone consultation at (949) 251-1377.
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