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