The California lemon law’s rules apply to all types of consumer goods sold anywhere in the State of California. Appliances, electronics, furniture, clothing, sporting goods, etc. are all covered, in one way or another, by the lemon law. But the rules that most people are interested in (and the rules that this Web site focuses on) are the lemon law’s rules that apply to new and used cars. This page summarizes the most basic requirements of the California lemon law.
However, people interested in looking for additional and more detailed and specific information, be sure to check out the lemon law information links on this sites home page. That being said, the basic rules of the California lemon law are the following: In California, the lemon law covers vehicles only if they are sold with an express warranty. An “express warranty” for purposes of the California lemon law means an agreement by the seller or manufacturer to “preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance” – in other words, a warranty is any guarantee by the seller or maker of the goods that they will work properly.
[Please take note that “service contracts” and “extended warranties” in which a third party (i.e., someone other than the manufacturer or seller) agrees to repair any malfunctions or defects do not count as warranties for the purposes of the lemon law in California.] For new and used cars that are sold with an express warranty, the manufacturer must repair any malfunctions that “substantially impair the use, value, or safety” of the car or truck within a “reasonable number of attempts.
” No matter how many repair attempts have been made, the California lemon law requires that any single repair attempt take no more than 30 days. The only exceptions to the lemon law’s 30-day requirement are (1) if the consumer agrees in writing that the repair can take longer, or (2) when the delays are the result of conditions or circumstances that are beyond the control of the manufacturer. In cases in which the manufacturer cannot repair a substantial malfunction within a “reasonable number of repair attempts” the manufacturer is obligated to promptly either repurchase or replace the car or truck with a new one (i.
e., the manufacturer must offer a lemon law buyback). If you think these rules cover your lemon vehicle, then you may be entitled to a vehicle repurchase or replacement under the CA lemon law’s rules. Call the Vachon Law Firm right now to discuss your potential lemon law claim, and to find out the best way to assert your right to a buyback under the lemon law’s rules. What to Do if the California Lemon Law’s Rules Don’t Apply to Your Car If you read this site’s summary of the basic rules for California’s lemon law, and realized that the lemon law does not apply to your vehicle don’t give up yet.
There are a multitude of rules and requirements that apply to automobile sales in California other than the California lemon law. Check out this site’s Car Dealer Fraud section to learn about common forms of auto fraud to see if any apply to you. In particular, the Vachon Law Firm recommends that ALL consumers carefully read this site’s pages discussing falsifying down payments, failing to properly disclose negative equity, and backdating vehicle purchase and lease contracts.
Car dealerships frequently violate these auto fraud rules, and as a result many car buyers end up with a right to rescind their vehicle purchase or lease contract and get their money back – even if the vehicle’s manufacturer didn’t violate the requirements of the California lemon law. Want More Information About the California Lemon Law’s Requirements? Although the rules of the California lemon law may look simple, in many cases they can be difficult to apply.
If you have California lemon law questions, call the Vachon Law Firm for answers. Whether you live in San Francisco or Los Angeles, Redding or Eureka, California lemon law consultations are always FREE at the Vachon Law Firm. We take lemon law cases anywhere in the State of California. Call us toll free at 1-855-4-LEMON-LAW (1-855-453-6665) or email us at email@example.com for your free consultations, and to get the answer to all of your questions about the lemon law’s rules.
See Also: First Baptist Church Of Flushing
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Lemon laws are American state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although there may be defective products of all sorts ranging from small electrical appliances to huge pieces of machinery, the term "lemon" is most often used to describe defective motor vehicles such as automobiles, trucks, SUVs, and motorcycles.
United States Lemon law protection arises under state law, with each U.S. state having its own lemon law. Although the exact criteria vary by state, new vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time. Lemon laws consider the nature of the problem with the vehicle, the number of days that the vehicle is unavailable to the consumer for service of the same mechanical issue, and the number of repair attempts made.
If repairs cannot be completed within the total number of days described in the state statute, the dealership becomes obligated to buy back the defective vehicle. Lemon laws offer remedies that exceed the scope of a vehicle manufacturer's warranty. While a manufacturer's warranty might obligate a vehicle manufacturer to make a repair at no cost to the consumer, warranties do not include maximum time periods for the completion of repair, nor do they trigger buy-back provisions if the repair cannot be completed within such a time period.
States may limit the application of lemon law to certain vehicles, such as vehicles purchased for individual use and not for business use. A small number of states have more limited lemon laws that apply to used vehicles. Some states have lemon laws that apply to pet purchases. Federal law There are two types of warranties for product purchases, express warranties and implied warranties. Express warranties make specific promises about product repair, and are usually made in writing.
An express warranty may be provided by the manufacturers in owner's manuals and other written sales or marketing materials. Implied warranties arise from a manufacturer's duty to meet certain minimum standards of quality whereby the product is fit for use for the purpose intended. An implied warranty arises from the sale itself, and need not be in writing. In each type the manufacturer assumes the liability and responsibility to correct the defect and, in the event that they cannot meet that duty, may be required to repurchase or replace the product.
The Magnuson-Moss Warranty Act was enacted as a federal law in 1975, and protects citizens of all states, to ensure that manufacturers honor their warranties and to reduce the chance that a consumer will be misled about the nature and scope of a warranty when making a purchase. The Act extends to the purchase of consumer products, including motor vehicles and appliances. The Act also provides that the warranter may be obligated to pay the prevailing party's attorney in a successful lawsuit, as do most state lemon laws.
A consumer may pursue relief under both a state lemon law and the Magnuson-Moss Warranty Act. The existence, scope and consequence of express and implied warranties can vary under state law, and warranties for the sale of goods will often be addressed by Article II of the Uniform Commercial Code. The Magnuson-Moss Warranty Act will not protect the buyer of a product purchased without a warranty, such as a product purchased "as is" or "with all faults", but may protect a consumer who was misled into waiving the protection of a warranty.
 Australia Australia does not have a law similar to a lemon law, so consumers do not have legal protection beyond the vehicle warranty. Consumers have been known to take creative measures to try to convince vehicle manufacturers to buy back defective vehicles. The Queensland Parliament recently conducted an inquiry on the need for a consumer lemon law for new motor vehicles. A report of the findings of the inquiry was published in November, 2015.
 Canada The Canadian Motor Vehicle Arbitration Plan (CAMVAP) is the dispute resolution program for Canadians who have problems with the assembly of their vehicle or with how the manufacturer implements its new vehicle warranty. CAMVAP covers new and used, owned and leased vehicles that are from the current model year and up to an additional four model years. CAMVAP is free for consumers, and hearings are held in the consumer's home community.
The process normally takes less than 70 days from start to finish. Most consumers are able to handle their own case without the assistance of lawyers. The manufacturers do not use lawyers. Their representatives usually are serving or retired district parts and services representatives. An inspection of the vehicle normally is part of an arbitration hearing and the arbitrator can order a technical inspection of the vehicle at the program's expense if doing so is required.
CAMVAP arbitrators can order the manufacturer to buy back the vehicle; repair it at the manufacturer's expense; pay for repairs already completed; or pay out of pocket expenses for items such as towing, diagnostic testing, rental cars and accommodation related to the problem with the vehicle. The arbitrator can also determine that the manufacturer has no liability. CAMVAP is available in all Canadian provinces and territories.
Singapore A similar "Lemon Law" was passed in Singapore's parliament on September 1, 2012, to strengthen consumer protection laws. Singapore's Lemon Law applies to all goods (including consumables and perishables) but it does not apply to services. Under the law, consumers can report a defective item within six months of delivery and it is the responsibility of the retailer to prove that the defect did not exist at the time of delivery.
The consumer may have the option to request for repair or a replacement, and if that is not possible, ask for a reduction in price, or even a refund. See also "The Market for Lemons", 1970 paper by the economist George Akerlof References ^ "BBB Auto Line: State Lemon Laws". BBB. Better Business Bureau. Retrieved 31 May 2017. ^ "State Lemon Law Criteria". The Center for Auto Safety. Retrieved 31 May 2017.
^ a b Larson, Aaron (26 Jul 2016). "How to Make a Lemon Law Claim". Expert Law. ExpertLaw.com. Retrieved 31 May 2017. ^ "What you need to know about warranty laws". Consumer Reports. May 2013. Retrieved 31 May 2017. ^ "John J. Woodcock III Lemon Law Records". Center for Public Policy & Social Research. Central Connecticut State University. Retrieved 31 May 2017. ^ a b "Businessperson's Guide to Federal Warranty Law".
Federal Trade Commission. Retrieved 31 May 2017. ^ "Angry Jeep Owner Creates Hilarious Video Rant About His Lemon". Yahoo! Ness. Yahoo!. 16 Nov 2015. Retrieved 31 May 2017. ^ "'Lemon' Laws - An inquiry into consumer protections and remedies for buyers of new motor vehicles". Queensland Parliament. Retrieved 31 May 2017. ^ "Public Hearing - "Lemon Laws Inquiry" Legal Affairs and Community Safety Committee".
YouTube. Google. Retrieved 31 May 2017. ^ "Report No. 17, 55th Parliament Legal Affairs and Community Safety Committee" (PDF). Queensland Parliament. Nov 2015. Retrieved 31 May 2017. External links Interview with John J. Woodcock III of West Hartford, Connecticut. Woodcock, as a Connecticut State Representative from South Windsor, was the proponent of the first "Lemon Law" enacted in the United States.
Interview with Fred Blasius, President of the Connecticut Automotive Trades Association (CATA), which opposed the legislation. International Association of Lemon Law Administrators (IALLA)- find state lemon laws and the state agencies providing dispute resolution services and enforcement. Recalls & Defects - Vehicle recalls and defects as compiled by the NHTSA Retrieved from "https://en.