The California Lemon Law is designed to protect consumers who purchase or lease new vehicles with qualifying defects that cannot be repaired satisfactorily. Here's an overview of the key aspects of the Lemon Law in California:
1. Definition of a "Lemon": A lemon under California law refers to a vehicle that meets either of the following conditions:
- The vehicle has substantial defects that cannot be repaired to comply with the warranty or that impair its use, value, or safety after a reasonable number of repair attempts.
- The vehicle is out of service for cumulative 30 or more calendar days for warranty repairs within the first 18 months or 18,000 miles (whichever occurs first) from delivery to the consumer.
2. Repair Attempts and Notice:
- Before declaring a vehicle as a lemon, the manufacturer or its authorized repair facility must attempt to repair the defects. The lemon law considers four repair attempts within the warranty period as an indication that the vehicle may qualify as a lemon.
- If the problem(s) persist after a "reasonable number" of repair attempts, the manufacturer must be notified through a written notice (informal dispute resolution).
3. Lemon Law Arbitration Board:
- In California, the Lemon Law Arbitration Board (LLAB) is responsible for resolving lemon law cases through arbitration. Consumers may file a complaint with the LLAB if they believe their vehicle qualifies as a lemon and repairs have not resolved the issues.
4. Manufacturer's Responsibilities:
- If a vehicle meets the criteria of a lemon under the law, the manufacturer must offer one of the following remedies:
- Replacing the vehicle with an identical or similar one that complies with the warranty.
- Refunding the full purchase price (after deducting mileage usage).
- Repurchase the vehicle (pay for the cost of the car, less a reasonable allowance for use).
5. Time Limits:
- Consumers must file a complaint with the LLAB within two years of discovering a substantial defect or within the warranty period, whichever is longer.
6. Costs:
- Consumers are generally not responsible for any filing or arbitration costs associated with lemon law cases.
7. Vehicle Coverage:
- The lemon law applies to new motor vehicles, including cars, trucks, RVs, and motorcycles, purchased or leased in California from licensed dealerships or manufacturers.
8. Exclusions:
- The lemon law does not cover vehicles with damage resulting from accidents, abuse, or modifications made after purchase.
Remember, these are the general outlines of the California Lemon Law. The specific details, interpretations, and procedures can vary and are subject to change. If you believe your vehicle may qualify as a lemon, it is advisable to seek legal advice or contact the Lemon Law Arbitration Board for more information and guidance on your rights and options.
