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California Lemon Law – Quick Reference Guide
The California lemon law offers protection for
buyers of new cars, trucks, motorhomes, and motorcycles. The
California lemon law provides different options to the consumer and
manufacturer.
For cars and trucks that qualify under the
California lemon law, the manufacturer must offer to replace or
repurchase the offending “lemon” vehicle, however, the consumer
cannot be forced to accept a replacement. The California lemon law
treats motorhomes and motorcycles differently in that it allows the
manufacturer to repurchase or replace the product, at its discretion.
Automobile manufacturers will print warranty
books that contain “instructions” for consumers who think they may
have a lemon vehicle that qualifies under California lemon law.
Consumers must remember that these lemon law “instructions” or
“steps to follow” are what the automobile manufacturer wants you
to do, and is NOT the California lemon law. For example, many
manufacturers warranty books will attempt to direct the consumer with
a California lemon law claim to attend an arbitration hearing.
Arbitration is NOT required under the California Lemon Law to pursue a
lemon law claim. Nor is there any requirement under the California
Lemon Law to bring a lemon law claim within 18 months or 18,000 miles.
You as the consumer have the entire new vehicle limited warranty
period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring
your California lemon law claim. If the repeated problem continues to
occur after the expiration of the new car warranty, you may still be
entitled to protection under the California lemon law. The California
lemon law also uses the manufacturer’s “extra power-train warranty
coverage” as lemon law protection for consumers. These extended
“power-train” warranties often provide for coverage as long as
100,000 miles, and can be utilized to qualify a vehicle as a
“lemon” under the California lemon law.
When our California lemon law was passed many
years ago, the automobile manufacturers were allowed to set up
non-binding arbitration as an OPTION for the consumer to utilize in an
attempt to settle their lemon law dispute. Consumers in California
must realize that these dispute resolution mediums are often nothing
more than a way for automobile manufacturers to be given “another
chance” at fixing the consumers vehicle. One of the potential
decisions that can be handed down at an arbitration hearing is “the
repair decision.” The automobile manufacturer’s representative
argues to the arbitrator that the manufacturer should be given an
additional attempt to repair the vehicle, or argues that they
(coincidentally) “now have a fix developed” for the consumer’s
repeated defective condition. The consumer often goes into a
arbitration hearing expecting a “win” or “lose” decision, but
becomes stunned when finding out that the outcome of the arbitration
for their lemon law claim is simply to return back to the dealer for
more repair attempts! The arbitrators are not lawyers. Participation
in an arbitration is NOT required to pursue a legal claim in
California under the lemon law.
“Customer Assistance Centers”. Consumers can
call the manufacturer’s toll-free “assistance center” (this
phone number is usually contained in the manufacture’s warranty
booklet) and explain that they feel they have a vehicle that qualifies
under the California lemon law. The manufacturer’s representative
will typically assign a “case number” to the consumer’s
complaint. Often times the unknowing consumer thinks this “case
number” means that something will be done, especially when followed
by the potential language of “we are opening a case number for
you.” Consumers can be mislead that this is the “opening” or
“start” of a legal California lemon law case. It is NOT. A “case
number” is often nothing more than a reference number to the
consumer that allows the automobile manufacturer to establish a
numerical file on the consumer which can be used to index any future
calls.
“Dealer Trade Assist”. Consumers need to be
VERY aware of this “trick of the automobile trade.” Consumers who
have been having repeated problems with their vehicle will often seek
lemon law relief by asking their car dealer to “buy back” or
replace their vehicle. What the consumer does NOT know is that the
dealer does not have the responsibility under the California lemon law
to repurchase or replace the offending vehicle. This is where
“opportunity knocks” for the car dealer in many instances. The car
dealer “responds” to the consumer’s request by “offering” to
resolve the consumer’s dreadful car problem by offering “to take
them out of their car” or “get you out of this car and into a new
one” or similar verbiage. This is NOT the California lemon law. This
is an example of an opportunistic dealer sales tactic of making the
consumer believe that they are getting California lemon law relief,
but in reality the car dealer is taking the offending vehicle in
trade, and simply selling the consumer another vehicle at a handsome
profit to the dealer! The dealer often hears consumers say, “You
have to get me out of this vehicle.” They are simply taking the
customers grief and turning it into profit, while the consumer loses
part of or all of their earned equity in their vehicle, often
resulting in the loss of thousands of dollars. This “dealer trade
assist” can often result in the dealer inflating the price of the
“replacement” car and putting the consumer further into debt.
Consumers should be very aware that the car dealership is in business
to make a profit and to sell cars. The “dealer trade assist” is
another example of how a consumer in California can unknowingly THINK
they are getting relief from the California lemon law, but are simply
being taken advantage of.
What is the consumer to do? Consumers can
simplify the entire California lemon law process by utilizing the
services of a specialized lemon law attorney. We are California Lemon
Law Attorneys, California’s largest lemon law firm. You can call us
toll-free at 1-800-647-8127 for a free consultation
or review of your repair documents to see if you qualify for
protection and relief under the California lemon law. The California
lemon law has a provision for attorney’s fees, making the automobile
manufacturer pay the attorney for time spent on a lemon law claim.
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