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
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