Does my Vehicle Qualify as a Lemon?
Norman Taylor & Associates
July 14, 2017
You bought a new vehicle, so naturally, you assumed you wouldn’t have any problems at all. You didn’t expect it to break down, or have any mechanical or safety problems, but it did. Now, your brand-new car has become a headache and it seems like it’s costing you more time and money every week. You’ve even brought it back to the dealer and it’s still causing you problems. Now you’re thinking, “Does my vehicle qualify as a lemon?”
Under California’s Lemon Law, people are protected when they buy or lease vehicles that turn out to have serious manufacturer or warranty defects that the manufacturer or dealer is unable to repair. If you bought or leased a lemon, it’s possible that you’ll be entitled to a replacement vehicle or a full refund. The question is, does your vehicle qualify as a lemon under California’s Lemon Law?
Lemon Law Presumption
Under the Song-Beverly Act, otherwise known as the “Lemon Law,” there is what is called a presumption guideline. Under this guideline, a vehicle is presumed to be a “lemon” if the following occurred within the vehicle’s first 18,000 miles, or within 18 months of the date the vehicle was purchased or leased:
- The manufacturer or dealer tried to repair the warranty problem on at least two occasions and the condition is so dangerous it can cause serious injury or death if someone drives the vehicle; or
- The manufacturer or dealer has tried to repair the warranty problem at least four times; or
- The vehicle has been inoperable (out of service) for a minimum of 30 days (doesn’t have to be consecutive) due to warranty problems; or
- The warranty issue substantially reduces the value, safety, or use of the vehicle and the problem is not a result of the consumer’s misuse of the vehicle.
After looking at the above bullet list, do you believe that your vehicle qualifies as a lemon? If it’s been less than 18 months or 18,000 miles and you’re having an issue with your vehicle that is not being corrected by repairs, we urge you to contact Norman Taylor & Associates, a Professional Law Corporation for a free consultation.