Can a Dealership Be Held Accountable for a Lemon Car?
Occasionally, car owners may spend a substantial sum of money on repairing their brand-new vehicle, arousing suspicions about the state of their car. If you have been in this position, you likely bought a lemon car, with these vehicles often not repairable by even the best of experts. Fortunately, your California lemon law attorney can help you get the help you need, with state laws protecting buyers who find themselves in this situation, especially as it involves a dealership.
Can a Dealership Be Held Accountable for a Lemon Car?
According to California’s Consumer Warranty Act, manufacturers are required to replace or buy back any products that are still defective after failed attempts at repair. Dealerships are also held accountable by this law and will be required to replace the vehicle or refund the owner with the needed vehicle purchase cost. Lemon cars fall under this category, giving buyers protection benefits when such a setback arises. But even with this, this law still comes with some exceptions. The lemon law excludes any private vehicle sales. Even if a manufacturer’s warranty covers such a vehicle, it will be excluded from lemon law coverage.
New motor vehicle owners can, however, benefit from this law, with a few examples of vehicles covered being:
• Pickup trucks, vans, cars, and SUVs
• A car that is purchased or leased for business use
• Dealer-owned demonstrators
• Vehicles purchased or leased for household, family, or personal reasons
• A motor homes’ drive train, chassis cab, and chassis
In addition to the above, vehicles that benefit from the lemon law need to meet the following criteria:
• Be purchased or leased by active duty, full-time armed force personnel. These individuals should either be residing or stationed in the state during the time of purchase or leasing the vehicle or when the claim is filed.
• Be purchased or leased at retail in the given state
How Many Times Do I Take My Car in Before It Is a Lemon?
According to California lawyers, differentiating a lemon car from an everyday run-down vehicle will often not be a straightforward process. So, if you constantly wonder, is my car defective? The following list breaks down some essential factors to consider. Take note that these will only apply during the first 18,000 miles or within the first eighteen months after you purchase your vehicle.
• The dealership or manufacturer has made two or more attempts to fix problems within the warranty coverage. These problems should essentially be any defaults that could cause injuries or accidents when your car is on the road.
• If the defects reduce your vehicle usage, its safety, and value, and are not caused by neglect or abuse of the vehicle.
• The dealer or manufacturer has made at least four attempts, but not succeeded, to fix the same problem.
• If your vehicle becomes inoperable for at least 30 days.
How Can I Return My Car?
If the above conditions are met, and you are eligible to receive lemon law protection, you can return your car by utilizing the following steps.
1. Contact your vehicle’s manufacturer about the defects that your car has developed. This allows the manufacturer enough time to rectify the issue before you can proceed with any legal action. During this time, your documents will come in handy, so ensure that your receipts are well kept as they may be needed during a later period.
2. Ensure that you have filed your paperwork during the manufacturers’ warranty period due to California lemon law time limit that often places limitations on consumer rights.
3. If you are dissatisfied with the repair work that your dealership or manufacturers are doing, you are entitled to proceed with legal action, with experts such as California lemon lawyers being better suited for this job.
How an Attorney Can Help
California lemon law group experts will come in handy in helping you get what you are owed, whether it is additional repair work, a refund, or reimbursements for out-of-pocket expenses such as towing fees and rental car expenses. If you also decide to move forward with legal action, your lawyer will be your representative in any legal hearings while also helping you take care of your paperwork and negotiations. This gives you the best chance at benefiting from lemon law protection rights.
If you need help with any of the above, make it a point to reach out to Kaloustian Law Group today. Our California lemon law attorneys are experts in California law, allowing you to get professional services.
