Monday, September 7, 2009

About the 30 Day California Lemon Law

Purchasing a safe vehicle is a major household decision. No one wants to buy a vehicle that starts off great but ends up in costly repairs and time, regardless of your warranty coverage. We call these cars "lemons." There are actually laws that help protect consumers, should they buy a lemon. This article will tell you about lemon laws, specifically ones in California.



History of
The Lemon Law in California originates with the Song-Beverly Consumer Warranty Act. It's called the "lemon law" because lemon refers to vehicles that look good at first but ending up costing you money in repairs a short time after purchase. For a number of years consumers were tired of purchasing vehicles with seemingly no defects, but then, after a month or two, major repairs were having to be made at the consumer's cost. By 1982, the California Legislation enacted the Warranty Act to better protect consumers, placing certain restrictions on car manufacturers and sellers but also putting responsibilities on the purchaser. One of the provisions is that if a vehicle is out for more than 30 days for repair within 18 months or 18,000 miles, a consumer can qualify for Lemon Law protection. Note that not every state has a Lemon Law.
Benefits
This benefits both the consumer and the seller. With a Lemon Law guarantee, a vehicle retailer will be more restrictive in selecting which pre-owned vehicles to purchase and re-sell. The amount of paperwork, manpower and time it would take to buy back a "lemon" vehicle could cost the retailer more money out of pocket than he would have made selling the car. It can also protect the reputation of the seller and prevent bad word-of-mouth press since he'll continue to sell quality vehicles.
The consumer is obviously protected by knowing that if he purchases a vehicle, more than likely he is getting a quality purchase. In fact, many major manufacturers and car dealers promote selling certified, pre-owned vehicles that go under similar inspections as new vehicles right out of the factory. Should a consumer run into a defective vehicle, he is almost guaranteed to get a replacement or his money back, should he follow the proper procedures.
Function
Let's say you purchase a new lightweight vehicle for your family from a dealership and you have the dealer install accessory spoilers, floor carpets and an upgraded satellite radio system. The car is under a three-year warranty and runs fine for two weeks. But by the third week you notice that the engine cuts off in traffic. You've almost been hit by other cars, since it's happened at intersections. You've brought it back to the dealership twice for repairs, each time taking at least a week. On the third repair attempt, your car is out of commission for two more weeks, making it a total of 30 days. When you get it back, the mechanics say the engine is faulty and will never work properly.
According to the Lemon Law, you have a right to return the vehicle for refund or replacement, but there are certain restrictions. It is a family vehicle and under 10,000 pounds and still in warranty, so it meets Lemon Law requirements. And the car has been out for 30 days for repairs. But the dealer doesn't have to pay for any of the accessories and add-ons. He would pay for the original car plus taxes, registrations, etc.
Risk Factors
The Lemon Law is still a guide in all reality. If a judge deems that the mechanics made reasonable attempts to repair the vehicle and can prove that it wasn't the car's doing but the consumer's doing, your rights can be adjusted. Also, you have to prove that the vehicle's issues can cause endangerment to life or serious body injury. A faulty brake light may not be worth returning your vehicle under Lemon Law provisions if the other brake light still works. So use your best judgment, should you run into a situation where you think the Lemon Law could apply.
Expert Insight
Experts say that you should look up car ratings and values before making a purchase, especially for used or pre-owned vehicles. As mentioned earlier, many companies offer certified pre-owned vehicles. They cost a little bit more than a typical used car but have gone through inspections before being allowed for sale by the car dealer. Also, make sure that any contact information for the car's manufacturer is conspicuous or easily found on the owner's manual. That is also an aspect of the lemon laws in California. Knowing exactly what your warranty covers and your factory recommendations as outlined in the owner's manual can save you a trip or two to the dealer.


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