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
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