We've listed some of our most Frequently Asked Questions (FAQs) to get
you started in understanding the California Lemon Law.
Come back often. We will be expanding this list on a regular
basis.
What Products Does the Lemon Law Cover?
Lemons laws generally apply only to consumer products, which are products
owned by individuals and used primarily for:
· Personal use
· Family use, or
· Household use
This does not mean, however, that the lemon law does not apply to your
product if there has been any business or commercial use at all. So long as
there has been more personal use than business use, the lemon law will
usually apply.
The federal lemon law is slightly different: it applies to all products
that are normally used for personal, family, or household purposes,
regardless of how you actually used your particular product. For example,
if you use your pickup truck primarily in your gardening business, the
federal lemon law should still apply, because pickup trucks are normally
considered consumer products.
California has expanded the protection of its lemon law even further.
Under some circumstances, the lemon law will cover even vehicles used
exclusively for business purposes. Individuals or small businesses that buy
a defective vehicle for business use can still qualify for relief.
Does the Lemon Law Cover Products
Other Than Vehicles?
Both the California lemon law and the federal lemon law apply to all
consumer products, including motor homes and RVs, boats and other
watercraft, motorcycles, and even household appliances and personal
computers. The controlling factor is not what kind of product it is, but
whether it came with a written warranty.
Does the Lemon Law Cover Used
Products?
California’s lemon law covers any product, new or used, that comes with a
written warranty. Certain provisions apply differently to new products, but
in general your rights are the same. The federal lemon law makes no
distinction between new and used products: it applies to any product as
long as the original warranty is still in effect.
California’s lemon law also considers a “used” vehicle to be a “new”
vehicle if it came with the original warranty still in effect. For example,
if you purchase a used vehicle that is two years old and has 25,000 miles on
it, but it comes with the original manufacturer’s three-year/36,000-mile
warranty, California’s lemon law covers it as a “new” vehicle.
Does the Lemon Law Cover Leases?
Generally, your rights under the California lemon law are the same
whether you have purchased or leased your consumer product.
What Defects Does the Lemon Law Cover?
Not every un-repaired defect will automatically justify returning a
product for a full refund. The defect or defects must substantially impair
the product’s:
· Use
· Value, or
· Safety
in the eyes of a reasonable person in your circumstances. This can mean
different things to different people, of course. For example, a car with
faulty air conditioning might not bother someone who lives in balmy Santa
Barbara nearly as much as it would bother someone who lives in the Santa
Clarita Valley, where summer temperatures routinely top 100º.
How Many Times Can the Warrantor Try to
Fix My Vehicle?
The warrantor is entitled to a reasonable opportunity to repair a vehicle
or other product before it is obligated to offer a replacement or refund.
This varies from case to case, and can depend on a number of factors,
including:
· The number of repair visits
· The total number of days
· Repeated visits for the same problem, or
· Whether the defect impacts safety.
If a product has been in for repairs four or more times for the same
defect, or has been out of service for repairs for more than 30 days
altogether, it generally means that the warrantor has had a sufficient
opportunity to fix it. However, this is not a firm requirement, and each
case depends on its own unique facts. A product can be a “lemon” with fewer
repairs. On the other hand, it is theoretically conceivable that a
warrantor might be entitled to further repair attempts even if it already
had four attempts or 30 days to fix its defective product.
For purposes of the lemon law, every repair visit counts towards the
“reasonable opportunity to repair,” regardless of whether the dealer
actually tries to fix the product.
If I Have a Lemon, What Am I Entitled to
Get?
If a warrantor cannot repair a substantially defective product after a
reasonable number of attempts, it should either:
· Replace the product, or
· Refund your money
A replacement should be a new product as close as possible to the
original product – even if this means that you will get a newer model than
the original. If an upgrade is necessary, the warrantor may not charge you
for it. The warrantor also may not charge you additional sales tax because
the replacement product costs more than the original.
A refund should include the full purchase price of the product. If you
financed the product, the warrantor should also refund any interest or
finance charges you paid, and pay off your remaining loan balance. Where
applicable, the refund should also include additional charges such as sales
tax and DMV registration.
In either case, you should also be entitled to all actual expenses
resulting from the defect(s), such as repairs, towing, rental cars, and so
on.
The warrantor may be entitled to an offset for your use of the product.
The offset is generally limited to your use of the product before you first
discovered that it was defective. In other words, if the warrantor spends
another year trying unsuccessfully to fix your product, you should not be
required to pay for your continued use of it during that time.
Will I Have to Go to Trial?
No one can predict with certainty the outcome of any particular case.
However, we resolve the vast majority of our cases without a trial.
Sometimes we are able to resolve a dispute even before we have to file a
formal lawsuit.
In California, warrantors have additional incentive not to force you to
go to trial. The California lemon law has a special provision that
penalizes warrantors who, knowing that the law obligates them to replace a
defective product or refund your money, intentionally decide not to do so.
In such a case, if you have to go through a trial, the jury can award you a
“civil penalty” to punish the warrantor for its refusal to comply with the
law.
The civil penalty can be any amount up to twice your actual damages. So,
for example, if your actual damages are $30,000, the jury could potentially
award up to $60,000 more, for a total of $90,000. This provision
discourages warrantors from forcing consumers to take them to court, and
encourages them to act reasonably and resolve cases promptly, without a
trial.
Each case is different. To find out whether you qualify
for relief under the lemon law,
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