California
Lemon Law FAQ
What type of vehicles does the California
Lemon Law apply to?
Are motor homes covered by the California
Lemon Law?
Is it required to have four or more repair
attempts before one can take advantage of the California
Lemon Law?
Do all repair attempts have to be made within
the first 18 months or 18,000 miles?
What happens if instead of a single recurring
defect there are numerous different problems that the
dealer keeps preparing?
What happens when a vehicle qualifies under
the California Lemon Law?
Does the California Lemon Law cover vehicles
that are outside the manufacturer’s warranty but are covered
by an extended service contract?
What
type of vehicles does the California Lemon Law apply to?
• The California Lemon Law covers new and used cars,
pickup trucks, vans and SUVs purchased or leased in California
that are covered under the manufacturer's warranty.
Are motor homes covered by the California Lemon Law?
• Yes. The California Lemon Law also covers motor
homes.
Is it required to have four or more repair attempts
before one can take advantage of the California Lemon Law?
• No. There is no set number of repair attempts.
Vehicle manufacturers are obligated to repair defects and
are allowed a "reasonable" opportunity to do so. What is
a "reasonable" number of attempts depends on the nature
of the defect. If a defect is serious enough a "reasonable"
number may be fewer than four, but more than one.
Do all repair attempts have to be made within the
first 18 months or 18,000 miles?
• No. A vehicle may qualify under the California
Lemon Law even if the repairs are made well after 18 months
or the 18,000 miles. However, if four or more repair attempts
have been made or your vehicle has been in the shop for
more than 30 days (not necessarily in a row) within the
first 18 months or 18,000 miles your vehicle may be presumed
a Lemon.
What happens if instead of a single recurring defect
there are numerous different problems that the dealer keeps
preparing?
• In such circumstances, the cumulative days out
of service and in the repair shop may still qualify the
vehicle as a Lemon under the California Lemon Law. This
must be assessed on a case-by-case basis.
What happens when a vehicle qualifies under the California
Lemon Law?
• Once a vehicle is determined to be a lemon the
manufacturer must refund all monies paid by the consumer.
This refund will include the down payment, all monthly payments,
registration fees and any other incidental expenses incurred
by the consumer as a result of the defects associated with
the vehicle. The refund will also reflect a deduction for
the reasonable use of the vehicle known as the "mileage
offset." In addition, any outstanding loan balance
will also be satisfied.
In the alternative the manufacturer may offer a replacement
vehicle to the consumer.
Does the California Lemon Law cover vehicles that
are outside the manufacturer’s warranty but are covered by
an extended service contract?
• No. In a recent court decision Gavaldon v. DaimlerChrysler
the California Supreme Court held that a "service contract"
is not considered an express warranty. As a result California's
Song-Beverly Warranty act does not apply to extended service
contracts.
|
