California Lemon Law
Are you residing in California and suspect that you have purchased a defective car in California?
Looking for very ethical and aggressive professionals in California to deal with the Lemon car you are saddled with?
Is the California lemon law attorney fee a deterring factor in your way to getting your California lemon law rights?
What are you waiting for? You would need us. As expert California lemon law attorneys
we can guide you. You will win the case alright; you will also be compensated for all the expenses you incur. The attorney's fees will be refunded by the manufacturer/the car dealer.
California Lemon Law Information
The California Lemon Law applies to vehicles
- In the first 18 months or first eighteen thousand miles, after vehicle delivery.
- Repaired for serious safety problem at least twice
- Required repairs four or more times for many a problem
- That are out of service for a cumulative total of 30 or more days
The manufacturer of the said defective vehicle pays for the consumer's hourly attorney's fees for selling the lemon to you.
As a purchaser or lessee of a motor vehicle you have various rights under both the state and federal law if your vehicle does not perform as provided under the express warranty
The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles.
The California Lemon Law
California’s Song-Beverly Consumer Warranty Act is commonly referred to as the California Lemon Law. It was enacted to protect consumers in having to deal with a lemon. A lemon is a vehicle that shows severe nonconformity hard to repair.
Our California lemon law attorneys at Krohn & Moss Law Center® handle California lemon law claims expertly for consumers in the state of California. We have handled thousands of claims for both lemon automobiles and consumers products. We stay informed of the newest legal developments. We have an infallible reputation for obtaining the best results for our California lemon law clients. 99% of our cases settle without having to go to trial.
As California lemon law attorneys what we can do to get your claim settled as quickly as possible:
- Notify the lemon manufacturer in writing, expressing the problem of the vehicle to give them a chance to repair the car
- Request the manufacturer for a refund/replacement of the vehicle
- Arrange an arbitration with the evidence that includes repair orders and the correspondence with the car dealer
- Should this fail with any recalcitrant dealership, we file a civil suit against the manufacturers on your behalf for the protection of your California lemon law rights under the California lemon law
The California Lemon law
requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer.
The California lemon law applies to a new motor vehicle that is:
- Bought or used primarily for personal, family or household purposes
- Under 10,000 pounds in gross weight
- Used primarily for business purposes by a person, partnership, limited liability company, corporation or an association
- Any legal entity with not more than five motor vehicles registered in the State of California
The California lemon law applies to any consumer product sold with an express written warranty.
Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss Law Center® for your FREE initial consultation! Or submit your information on-line for your free case evaluation.
The California Lemon Law
Citation Song-Beverly Consumer Warranty Act, Cal. Civil Code §§ 1790-1795.7; Tanner Consumer
Protection Act, § 1793.22; Cal. Business and Professions Code §§ 472-472.5; 16 Cal. Code of
Regs. §§ 3396.1-3399.6.
Motor vehicles covered under the California lemon law
According to the California lemon law a new motor vehicle is a "new motor vehicle" (including the chassis cab of a motor home, a dealer - owned vehicle, a "demonstrator ," or other vehicle sold with a manufacturer’s new car warranty) that:
- Is used or bought for use primarily for personal, family or household purposes
- Has a gross vehicle weight under 10,000 pounds
- Is bought or used primarily for business purposes by any person or business to which at least one but not more than five motor vehicles are registered in California
According to the California lemon law the motor vehicle must have been:
- Originally purchased or leased at retail in California
- Purchased or leased by a full-time active duty member of the Armed Forces who was stationed or residing in California at the time of purchase or lease
The California lemon law does not cover:
- Any portion of a motor home designed, used or maintained primarily for human habitation
- A motorcycle
- A motor vehicle that is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways
'Consumer' as defined under the California lemon law
According to the California lemon law a consumer is:
- Any individual who buys or leases a new motor vehicle from a person engaged in the business of manufacturing, distributing, selling or leasing new motor vehicles at retail
- A lessee for a term exceeding four months
- Any individual to whom the vehicle is transferred during the duration of a written warranty
- Any individual who is entitled under applicable state law to enforce the obligations of the warranty
A "Person" means any individual, partnership, corporation, limited liability company, association,
or other legal entity that engages in such business
'Nonconformity' as defined by the California lemon law
- A "Nonconformity" is defined by the Tanner Act as a nonconformity that substantially impairs the use, market value, or safety of the motor vehicle to the buyer or lessee
- A "Nonconformity" is defined by the Certification Regulations as any defect, malfunction or failure to conform to the written warranty
- A "Substantial nonconformity" is any defect, malfunction or failure to conform to the written warranty that substantially impairs the use, value or safety of the new motor vehicle to the consumer
'Warranty' as defined by the California lemon law
An "Express warranty" is defined by Song-Beverly as:
- A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to reserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance
- In the event of any sample or model, that the whole of the goods conforms to such sample or model
- An express warranty is created if formal words such as "warrant" or "guarantee" are used
A "Written warranty" is defined by Certification Regulations as:
- Any written affirmation of fact or written promise made by a manufacturer to a consumer in connection with the sale or lease of a new motor vehicle that relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect-free or will meet a specified level of performance over a specified period of time
- Any undertaking in writing made by a manufacturer to a consumer in connection with the sale or lease of a new motor vehicle to refund, repair, replace
- Take other remedial action with respect to the vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, which written affirmation, promise or undertaking becomes part of the basis of the bargain
The California lemon law - News
Extended Auto Warranties - Avoid scams on buying
The defective parts in the materials or automobiles are covered by extended auto warranties for one or additional years, as specified in the terms of the extended auto warranty. Not all customers take advantage of this extended auto warranty services. These extended auto warranties are commonly sold by the dealers or the brokers. Most of the instances, the cost of the extended auto warranty exceeds the cost of the repair up to an extra year for all purchases made and in other instances it was not worth. In facts these are nothing more than a service contracts.
An extended auto warranty is where you pay an independent dealers or manufacturers, to fix or replace failed parts and the consumers are plunked down to $1,000 for a 100,000 mile extended guarantee. Where, your dealer may resell the extended auto warranty similar to a broker. This is the reason you should buy the vehicle from any of major manufactures with an extended auto warranty. If the dealer is reselling the extended auto warranty, then you can conclude that there is a markup of prices
Generally after your vehicle warranty expires, the dealers and brokers insist you to purchase a service contract. Typically these extended auto warranties had become a money making tool for the dealers as it’s an inexpensive resolution to them
Do you think these extended auto warranty can help you?
Most of them have the exceptions, while you can better find the extended auto warranty packages from the company at lower cost. Look at the benefits and what it covers because this extended auto warranty has the exceptions and exclusions. Extended auto warranty depends on the plan and type of warranty you choose from the company or manufacturer.
There are different types of extended auto warranties; where it includes the vehicles that are covered with wear and tear that has parts like brake pads, shoes, hoses and clutches. It also covers bumper to bumper services for all the parts of the vehicle. How ever there is some exclusion where it does not cover glass, exhaust systems, tires, airbags, brake rotors, drums etc. Though you purchase your extended auto warranty, your vehicle should be maintained in accordance with the manufacturers or the dealer specification and sometimes there are problems in obtaining repairs for your vehicles, because service contract restricts the choice of repair facility and insist on payment from the consumer. This extended auto warranty plays a key role for filing the claims before an emergency arises, so have a thorough checkup with the procedures and you must be able to provide the proof to service contract administrator that the vehicle is maintained, because they may end up at insurance companies, when dealing with the claims..
Any vehicle that is sold by a manufacturer’s extended auto warranty will be covered under lemon law. Manufacturers, dealers and brokers generally offer extended auto warranty as it’s an inexpensive resolution for them. Evaluate before choosing the extended auto warranty because most of them are often duplicate and costly. If you accept the extended warranty, you might also lose a break of warranty claim to file a lemon law. The California lemon law attorneys
of Krohn & Moss, Ltd, is the best obligation free case review for your situation of extended auto warranty and will get you some money back in addition to the extended auto warranty.
Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss Law Center® for your FREE initial consultation! Or submit your information online for your free case evaluation.