California lemon laws

65

By Kentent

Several years ago I bought a car that looked to be in great condition. It was only a year old and the previous owner seemed to have treated it well. However, not long after driving it to my home I discovered a serious problem. The engine seized up and started to stink. I couldn't figure out what was wrong with the car and a mechanic said that there was some sort of serious engine problem.

It was going to take a whole new engine to get the car going. After having spent thousands of dollars just to buy the car I did not want to put any other money into it. Given that it was really quite a new car I thought I shouldn't have to replace the engine. The problem did not seem to be due to some sort of improper care on the part of the previous owner. So what could I do to avoid paying thousands of dollars to fix the car? Luckily a friend of mine told me about the lemon laws for California, which is where I was living at the time. Turns out that there are these laws that can help you to get the car either repaired, replaced, or completely refunded if there is something seriously wrong with it. I investigated the lemon laws and was able to get a replacement vehicle from the orignal dealer. If you are having a problem with a lemon car you should look into these laws.

Detailed before are a few of the basic details of the lemon law for California:

  1. A car or other vehicle is considered a lemon when it has a problem that seriously affects the value, use, or safety of the vehicle. If the car smells strangely or if you have a flat tire you cannot claim the lemon law to receive restitution. You also cannot use the lemon law for anything that happens to a car due to your negligence or ownership. If you don't put oil in the car and the engine seizes you can't claim that it is the car company's fault.
  2. If the car breaks durring its warranty period the dealer or manufacturer is allowed to make several attempts to fix it before the lemon law comes into play. Usually this is four attempts, although these attempts cannot take longer than thirty days. If at this point the car is determined to be seriously defective, the owner has the right to request a refund.
  3. Used cars purchased with a warranty can fall under the lemon laws. However, it is important to remember that cars sold "as is" in any state do not fall under the lemon law. If the car is sold without warranty and with clear problems it will be difficult to receive a refund.

There are plenty of cases where the lemon law might not apply, but where other laws or litigation could help you. If you have a situation where you feel you have been fooled into purchasing a car, but the situation does not fall under the lemon law you might want to speak with a lawyer. There are other laws that protect against fraud or deceit in these cases.

Before you buy your next car you should become familiar with the California lemon laws. Although many of us will never have to use them we at least will know that they are there and can be used if we need them. Become educated about lemon laws and avoid living and paying for a lemon.

Comments

Singing Bill profile image

Singing Bill 2 years ago

Nice Hub. If I ever live in CA I might need this. Very informative and well written.

Bill

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