Vehicle defects, malfunctions and nonconformities
The California lemon law covers vehicle nonconformities,
which are defined as any vehicle defect or malfunction that:
- Is covered by the manufacturer's written new vehicle
warranty and
- Substantially impairs the use, value or safety
of the vehicle to the consumer.
The California lemon law does not cover vehicle
problems that are caused by the unauthorized or unreasonable use of the vehicle after sale.
From the California Civil Code Section 1793.22: "Nonconformity" means a nonconformity which substantially
impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.
"Nonconformity" is defined by the Tanner Act as a nonconformity that substantially impairs the use, market
value, or safety of the motor vehicle to the buyer or lessee.
"Nonconformity" is defined by the Certification Regulations as any defect, malfunction or failure to
conform to the written warranty. "Substantial nonconformity" is any defect, malfunction or failure to
conform to the written warranty that substantially impairs the use, value or safety of the new motor vehicle to
the consumer.
Here is a brief list of some car defects that have led to manufacturer recalls, extensive repairs or injuries:
- sudden acceleration and surge
- defective seat belts
- air conditioner mold
- power steering loss
- stalling
- paint peel
- engine fire and failure
- automatic transmission failures
- engine computer and cruise control malfunctions
- Fuel line defects that can cause fires
- Uncontrolled acceleration
- ABS failure
- electrical problems
- brake pedal suddenly "goes to the floor"
without warning
- premature brake/rotor wear
- steering drift
- body problems
- Fuel injection system leaks
- seat belt failure
- airbag defects
You can obtain detailed information on common car
defects and advice on how to resolve them for most models on the road by visiting the Center for Auto Safety. To learn more about your rights under the California lemon law, contact us for
a free consultation.
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