My New Car is Defective - What Do I Do?
Barry Edzant
Is your vehicle not working as promised? If youre stuck with a lemon then you should be aware of your rights!
There is an excellent consumer protection act in the state of California called the Song-Beverly Consumer Warranty Act, mostly referred to as the "Lemon Law." This law allows California consumers the opportunity to take legal action against the manufacturers of defective vehicles.
Unlike some, the Lemon Law carries straightforward rules. The manufacturer must either replace the vehicle or reimburse you an amount equal to the purchase price, if the manufacturer cannot repair your vehicle after a "reasonable" number of attempts. You may be wondering what constitutes a "reasonable" number. If the number of attempted repairs meets or exceeds four unsuccessful attempts, it meets the Lemon law requirements. However, if the defect is considered to be "life-threatening or likely to cause serious bodily injury," you only need two attempts at repair. Also, if a cumulative thirty days passes during which the vehicle is inoperable, this would also be considered "reasonable" under the Lemon Law so long as the attempted repairs were undertaken within the manufacturers warranty period.
Besides replacing the vehicle, or making a reimbursement for the price you paid for the vehicle, the manufacturer must compensate you for your license fees, rental expenses, towing, and other out of pocket expenses for the repairs. They may also pay your attorneys fees and any other losses.
Of course, there are some exceptions. The law only applies to vehicles under the original manufacturer's warranty and suffering from a safety defect or defect that affects the use or value. For example, a permanently destroyed cup holder would not qualify under the Lemon Law. Additionally, the manufacturer has the right to claim a deduction for mileage that was placed on the vehicle prior to the occurrence of the defects.
The Lemon Law will help you recoup any if not all of the expenses your lemon cost you and, best of all, you can get rid of it. If ever there was a law that was truly a consumers' law, the Lemon Law is it.
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About The Author
Barry Edzant is a Los Angeles lemon law attorney. With more than 10 years of experience working with the California lemon laws, Barry understands the nuances of the system and is prepared to fight for you. He is also a Santa Clarita personal injury attorney and a proficient dog bite lawyer in Los Angeles. For more visit http://www.scvlemonlaw.com and http://www.scvlemonlaw.com/about_us.html
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