Lemon law otherwise known as the “Song and Beverly Consumer Warranty Act” provides protection for those who have been sold a defective vehicle.
California Civil Code section 1.7 sets forth the elements for what is considered a defective or “lemon” vehicle. In order for your vehicle to be considered a lemon the following elements need to be satisfied:
(1) Written Warranty- this requirement is between either the dealership who sold the vehicle to the purchaser or the warranty is issued by the manufacturer itself. Generally, most vehicles have a warranty, whether it is a manufacturer provided warranty or one provided by the dealership. However, to bring a cause of action against for a defective or lemon car a warranty must exist. If you are not sure whether your car is still covered under warranty or whether it was ever covered under a warranty call our offices for assistance. Many attorneys will state that the claim can only be brought within the first 18 months of your purchase or within the 18,000 mile mark on your vehicle. However, this is not correct and recovery is still permitted even after such time. Our lemon law attorneys of Los Angeles can help with your recovery.
(2) Purpose of Purchase- in order for recovery to be provided, the vehicle must be purchased and used for a non-commercial purpose. Thus, you need to purchase the vehicle and use it primarily for a non-commercial uses. However, this does not necessarily limit your claim if you have a commercial vehicle and recovery may still be possible. We recommend that our offices be contacted to determine the actual use of the vehicle and make a proper determination.
(3) Opportunity to Remedy- California requires that the dealership where the vehicle was purchased be given a “reasonable” number of attempts to correct the issue. A reasonable number of attempts depends on a number of factors including the length of time allotted for repair and the type of repair required. If the vehicle was repaired multiple time for a minor issue or a major issue makes a difference with regards to your claim. We will take immediate action by obtaining your full service records and determining whether your car will qualify under the “presumption” for a defective vehicle. It is important to contact our offices for a free consultation and case evaluation.
(4) Substantial Use- for your car to be considered defective and compensation to be made available it is required that your vehicles use be substantially impaired as a result of the defect. Substantial impairment means more then a mere disruption of your vehicles ability to perform. In order for there to be a substantial impairment the vehicle itself must be impaired from in a manner consistent with the lemon law statutes. Our offices have the resources to help you recover for your case and can offer you a free consultation at no charge.
Recovery for your vehicle includes the following:
The following laws apply not only to automobiles, but to all types of transportation vehicles including yachts, boats, motorcycles, RV’s, ATV’s and other all purpose type vehicles. Our Los Angeles lemon law attorneys of Los Angeles in RV’s defects, ATV defects, Motorcycle defects and yacht and boat defects can help with your claim. Contact us today for a free case evaluation at 855-385-2529.