Defective Cars and Lemon Law: Frequently asked questions
|
| If my defective car is a lemon, what am I entitled to? |
You are entitled to receive either a refund or a replacement vehicle, plus vehicle registration fees, rental car
costs and towing charges. Generally, the choice of the refund or replacement vehicle is the consumer's, not the
manufacturer's.
The manufacturer is entitled to a mileage offset for the value of the miles placed on the vehicle before the first
time the vehicle was taken in for the problem or defect that is resulting in the refund or replacement. [top] |
| Do used cars qualify under the Lemon Law? |
YES. A used car can qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle
was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two
warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold "as-is" or "with all faults" the Lemon Law probably will not apply,
unless the vehicle was a former "lemon law buyback" and this was not properly disclosed to the purchaser.
[top] |
| Do leased vehicles with defects qualify under the Lemon Law? |
| YES. All leased vehicles covered by a warranty qualify under the Lemon Law. [top] |
| Do motor homes, motorcycles, boats and other consumer vehicles qualify under the Lemon Law? |
| YES. All of the above qualify under the Lemon Law in the same way any consumer product covered by a warranty would
qualify.[top] |
| Does the California Lemon Law apply only to the first 18 months or 18,000 miles? |
| NO. The law applies as long as the vehicle is under the manufacturer's new car warranty, and sometimes longer.
In many instances a vehicle may still qualify under the law even though the vehicle is outside the warranty period,
as long as the first repair attempt for the defect occurred within the warranty period. [top] |
| Do I have to go through the manufacturer's arbitration program? |
| NO. Most manufacturers offer an arbitration program to "assist" consumers to resolve their disputes with
the manufacturer. But these arbitration programs are overseen and supported by the manufacturer. Participation
in these programs often results in wasted time and unsatisfactory decisions or an "award" short of what
the consumer is entitled to under the law. In California, it is not necessary for a consumer to first participate
in a manufacturer's arbitration program before taking legal action.[top] |
| How many times do I have to take my car back for repairs? |
| The law states that the manufacturer is entitled to a reasonable number of attempts to repair the vehicle. The
law does not specify what "a reasonable number of attempts" is. As a rule of thumb, four repair attempts
for the same problem is generally considered a reasonable number. This is only guideline that may vary depending
upon the seriousness of the problem. Another factor to consider is the number of miles between repair attempts.
[top] |
| Instead of one item breaking several times, what if several items break only one time and the dealer fixes it
each time? |
| A consumer can have a Lemon Law case when a variety of defects demand continuous repair. The facts of each individual
case must be taken into consideration but it is possible to have a qualifying Lemon Law case based on the cumulative
number of days in the shop alone. [top] |
| What if I take the car to the dealer for repair, but they don't perform actual work on the problem? |
| This still counts as a repair attempt. The dealer had an opportunity to repair the vehicle. [top] |
| What if my car is out of its warranty period? |
| If the first repair attempt for the problem or defect occurred within the warranty period, then the vehicle may
still qualify for a refund or replacement vehicle under the law, provided all other requirements are met. [top] |
| What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle? |
| If the consumer feels that there is a problem with the vehicle, it should be taken to another dealer to get a second
opinion, or the manufacturer should be contacted directly. An independent automotive expert can also be retained
to inspect the vehicle and determine if the condition is normal. [top] |
| Do I have to take the vehicle back to the dealer I bought it from? |
| NO. All authorized dealers operate as the manufacturer's agents for the purpose of warranty repairs. Therefore,
any authorized dealer can do warranty work on your vehicle. [top] |
| Can an independent repair shop perform warranty repairs on my car? |
| NO. You must take it back to an authorized dealer for warranty repair work. The law states that the manufacturer
must have a reasonable opportunity to repair the vehicle. An independent repair shop is not an agent of the manufacturer,
so any repairs done at such a shop do not qualify as attempts by the manufacturer to repair the vehicle. A repair
by an independent shop may void that portion of the warranty on the vehicle. [top] |
| Do I have to keep my car in order to pursue restitution under the Lemon Law? |
| NO. It is not necessary to keep the car. However, there are certain procedures you should follow when selling it
or trading it in to preserve your rights. If you sell the car you should have the buyer sign a written disclosure
that states that he knows about the problems you have had with the vehicle. Before you sell the vehicle it is also
advisable to get an expert inspection done to verify the existence of the problem in order to "preserve your
evidence." Finally, before you sell the vehicle, you should notify the manufacturer that you believe
the vehicle is a lemon and that you are selling it (or trading it in). [top] |
| Does the consumer have the right to return a new or used car within 72 hours of the purchase? |
| NO. There is no 72-hour "right of rescission" in the purchase of a new or used vehicle. When you sign
the contract, the car is yours. [top] |
| If a vehicle is purchased "as-is" or "with all faults" does the Lemon Law apply? |
| NO. A vehicle sold "as-is" or "with all faults" is being sold in the condition it is in. It
is devoid of any warranties. The buyer is accepting the vehicle "as it is" regardless of condition. [top] |
