California Puppy Lemon Law

California Puppy Lemon Law
By Richard Romando

The California Puppy Lemon Law, despite the rather specific name, is not limited to small dogs alone. It covers cats as well as dogs, and there are no age-related parameters. The California Puppy Lemon Law basically pertains to the California Health and Safety Code. It specifically concerns itself with a cat or dog's health at the time of purchase.

In essence, California Codes Health And Safety Code Section 122125-122220 defines the term 'pet dealer' of cats and dogs. Section 122125 states that this is a person who sells animals on a retail basis.

It also states that a dealer requires an official permit for such a business. Further sections define that a 'purchaser' is any person who buys a pet from a dealer without intending to resell it.

A dealer is required to ensure that healthy animals are kept separately from those that are sick. In other words, there should be no doubt in a purchaser's mind that the pet purchased is healthy.

The California Puppy Lemon Law further states that a seller must make a purchaser aware of the benefits of neutering and spaying pets. The purchaser must be given written material supporting this. The dealer should additionally offer incentives for such procedures.

Further, the dealer must give documentation of every animal's heritage - the name and address of the breeder or broker.

The purchaser must also be given the animal's date of birth and a vaccination/immunization/surgical record. The buyer is also supposed to receive a clear statement of any disease that the animal is suffering from at the time of purchase.

Under California Puppy Lemon Law, the dealer is legally liable if:

o The dealer has failed to maintain the specified health standards.

o A licensed veterinarian states in writing that the animal fell sick within 15 days of purchase.

o A licensed veterinarian states in writing within a year of purchase that the animal has a congenital or hereditary disease that requires extensive hospitalization, and from which recovery is doubtful.

Article Source: http://EzineArticles.com/?expert=Richard_Romando

California Puppy Lemon Law

Purchasing a Car in California As it Relates to Lemon Law

Purchasing a Car in California As it Relates to Lemon Law
By Ryan Frank

There are many excitements that come with purchasing a new or used (new to you) car. Test drives, negotiating prices, deciding on features and colors are very exhilarating tasks leading up to the purchase. After leaving the dealership with your car, all the excitement fades upon realizing that you have purchased a lemon.

A lemon is a car that is found to have multiple or severe damages not apparent before the purchase was finalized. These damages must severely impair the use, value, or safety of the car for it to be considered a car with material defects.

For new cars, these can simply be errors made during the manufacturing of the car, such as parts being installed improperly. For used cars, this normally refers to the insufficient measures taken to repair damages to a car after an accident.

There are many other reasons for a used car to be a lemon though. If it was ever in a flood there can be plenty of damage internally. Many used car lemons have been stolen, rebuilt and resold. Even car reports cannot find all of the potential problems with used cars as they only have access to information reported publicly.

Fortunately, in California you have some protection, as California lemon laws cover anything mechanical. The California lemon law states that the manufacturer must make a reasonable number of repair attempts. If the consumer presents the problems to the manufacturer and it is returned without being fixed properly after the "reasonable number" of repair attempts, the consumer can then take action.

Under California Lemon Law, you may be eligible for a full refund, payoff of your loan balance, or a replacement vehicle. If you have some sort of a manufacturer's warranty, such as a "certified" or extended warranty, you are likely to be eligible for many advantages of the California Lemon Law.

The first step is to make sure your car is a lemon and get adequate evidence in the form of attempted repairs. Secondly, find a good California lemon lawyer to represent you and you will be on the road to adequate compensation.

Article Source: http://EzineArticles.com/?expert=Ryan_Frank

Purchasing a Car in California As it Relates to Lemon Law

The California Lemon Law

The California Lemon Law
By Ryan Frank

The California "Lemon Law" is a subsection of the larger Song-Beverly Consumer Warranty Act, which was originally drafted and passed to protect consumers from faulty motor vehicle purchases.

The basics of the Song-Beverly Act are this: if a car manufacture or one of its authorized representatives fails, after a reasonable number of repair attempts, to fix your car so that it meets the terms of its original warranty, you are entitled to a full refund or a replacement (you decide which to get).

The refund includes the purchase price as well any manufacturer-installed components, sales tax, registration and other official fees, finance charges, repairs, towing and any other costs resulting from the defectiveness of the car you purchased from them.

The Song-Beverly Act protects you for the duration of the warranty. If the car has a five-year warranty and it breaks down in year four, and if the manufacturer or its representative can't fix it after a reasonable number of repairs so that it meets the terms of the warranty, you're still entitled to receive reimbursement or a replacement.

Now the key clause of the Song-Beverly Act is the one that deals with the elusive definition of what exactly constitutes a "reasonable number" of repair attempts. This clause is what is popularly referred to as the "Lemon Law".

It states that a reasonable number of repairs have been attempted if: (a) a serious car issue has been subject to repair two or more times with no positive results, or (b) a problem has been addressed four or more times and the owner has contacted the manufacturer directly at least once, or (c) if the vehicle is out of service because of repairs for over 30 days since it was delivered to the shop.

But despite the fact that it's referred to as a "Law", the California Lemon Law is treated more as a guideline in actual court disputes. The fine points and technicalities of it are cause for lengthy arguments and counter arguments by the lawyers of both the customers and the manufacturers, which is why Lemon Law cases are often messy and complicated.

One last important point to remember about the California Lemon Law is that it doesn't apply if the car defect was caused by misuse or abuse of the car by the owner. If you think you have a legitimate case, it's best to pursue legal action right away. Lemon law does not usually cover used vehicles, but it does extend to some certified pre-owned cars.

Article Source: http://EzineArticles.com/?expert=Ryan_Frank

The California Lemon Law

Understanding California's Lemon Law Process

Understanding California's Lemon Law Process
By Ryan Frank

California's so-called "Lemon Law" is part of the Song-Beverly Consumer Warranty Act, which was created to protect consumers who've purchased new motor vehicles from losing money on a faulty product.

The Song-Beverly act basically states that if a manufacturer or one of its representatives is unable to repair your motor vehicle so that said vehicle can meet the terms of its warranty after a "reasonable number" of repair attempts, then the manufacture is required by law to either repair the vehicle or give you your money back. The refund includes not just the purchase price but the cost of any manufacturer-installed components.

It is entirely up to you, the buyer, to choose either a replacement or a refund. The manufacturer also has to pay for sales tax, registration and official fees, finance charges, repairs, towing and any other costs incurred as a result of the vehicle's faultiness.

This law protects you for the entire duration of your vehicle's warranty. If you have a four year warranty on your car, for example, and a defect shows up after three years, the manufacturer will have to replace the vehicle or reimburse you for the full amount of the purchase price, provided the manufacturer or its representatives have had the chance to perform a "reasonable number" of repair attempts without successfully fixing the problem.

But what exactly constitutes a reasonable number? The answer to this question is addressed by what is commonly referred to as the Lemon Law.

California's Lemon Law states that a manufacturer has had a reasonable number of repair attempts if a serious car issue has been subject to repair to or more times, or if the same problem has been addressed four or more times and the owner has contacted the manufacturer at least once directly, or if the vehicle is out of service due to repairs for more than thirty days since the vehicle was delivered.

The California Lemon Law, however, is more of a guideline than anything else. Manufacturers and consumers are free to dispute the fine points, which is why Lemon Law cases are often rather involved and complex.

When thinking of pursuing a claim under the California Lemon Law, remember that the law does not apply if the car defect was caused by abuse or misuse of the vehicle. Also, make sure to pursue legal action as soon as the problem becomes clear.

Depending on the case, the Lemon Law or parts of it might extend to certified pre-owned vehicles that are sold with their own warranties and terms.

Article Source: http://EzineArticles.com/?expert=Ryan_Frank

Understanding California's Lemon Law Process

A Run Down of California Lemon Law

A Run Down of California Lemon Law
By Sarah Ballentine

Anyone who purchases a vehicle has certain rights covered by federal and state laws. When a vehicle performs incorrectly while the express warranty is valid, the law specifies conditions that may entitle the owner to compensation for substantial defects that consistently occur and are not repaired within a reasonable number of attempts. These types of laws are called lemon laws and vary from state to state.

In California, the Song-Beverly Consumer Warranty Act covers problems for consumers who lease or buy a new vehicle. In fact, it even covers used cars as long as the defects arise during the original warranty period.

If the manufacturer or authorized dealer cannot repair the vehicle in accordance with the warranty terms and conditions after a reasonable number or attempts, they are required to replace the vehicle or return the purchase price to the consumer. It doesn't matter when the defect is discovered as long as it is within the warranty period.

They may charge the buyer for use of the vehicle, but only up to the date when the owner first presented the vehicle for repair. This law doesn't apply if the defect is caused by vehicle abuse after purchase. The best thing to do is follow the warranty terms for proper care and maintenance to make sure any problems are indeed covered by the manufacturer or dealer.

Determining a reasonable number of attempts can depend on how serious the defect is. If it is brake failure or some other serious safety defect, one or two repairs could be considered reasonable. A special section of the California Lemon Law applies to these problems if they occur within the first 18 months or 18,000 miles, whichever expires first, after purchasing the vehicle.

In such a situation, the law states that the manufacturer has had a reasonable number of times to fix the defect if:

1) the problem can cause death or serious injury and has been repaired two or more times; or

2) the same problem has been repaired four or more times and the buyer has at least notified the manufacturer at least once of the problem; or

3) the vehicle is out of service for more than 30 days since purchase due to the defect. These laws are not set in stone and it is the right of a Jury or Judge to determine if the manufacture has been given a reasonable amount of attempts to repair the defect.

The law only applies to a new vehicle that has been purchased for personal or family use. It can apply to business vehicles as well if they weigh under 10,000 pounds, are primarily used for business purposes, and the business itself leases no more than five vehicles at any given time.

A new motor vehicle includes the vehicle and any parts covered by the warranty. There are also general rules for used vehicles that may apply if an express warranty came with the used vehicle. The coverage is not identical to that of new vehicles.

Anyone in a situation like this should contact a CA lemon law attorney. Bring all proof of repairs and documentation so the case can be discussed and evaluation by the lawyer.

They will be able to look at the information and give advice as to whether the vehicle does fall under the lemon law and what can be done for compensation. They should be able to help get compensation for the defective vehicle and the trouble caused.

Article Source: http://EzineArticles.com/?expert=Sarah_Ballentine

A Run Down of California Lemon Law