When someone finally goes out and buys the new car they have been dreaming about for some time they expect it to spend all of the time on the road, not in the shop. If you have bought a new car and this is what you are faced with then you may have bought a lemon. Fortunately for those who are looking at a ?sour? deal, there is the California lemon law in place to help.
Lemon laws vary from state to state but in general the laws cover new cars that constantly malfunction or have serious defects. If the car cannot be repaired and the defect eliminated after a reasonable number of attempts by the new car dealer you bought it from or the vehicle manufacturer or in a set period of time or mileage then you are in line for a new car of equal value or a full cash refund.
Let?s have a look at the California lemon law in a little more detail and see what recourse you have if you are saddled with a defective car.
What is considered to be a lemon in the state?
If you have purchased a new car and it is fraught with problems you are entitled to a replacement or a full refund of the original price you paid, bearing in mind that the refund will be prorated based on the mileage. To qualify for one or the other in California there are a few qualifications:
1. The car must still be covered by the original warranty
2. The owner of the vehicle or his authorized representative must have returned the car for repair of the same defect four times or more and had the repair work done by an authorized dealer.
3. The car must have been unavailable for use for thirty days however the thirty days do not have to be consecutive.
The problem with the car must be one which impairs the use, value or safety. Only cars that have been bought or leased in California for personal, family or business use are eligible.
Keep your records:
In most cases the dealership or the manufacturer are sympathetic and want to help you get your new car on the road. However, do not expect them to keep records on everything that was done to the car. It is up to you to maintain a log of the time you were off work due to the problem, the total time the car has been in for repair and the precise nature of the problem. Make it your business to review all service records when the car is returned, remember, California lemon law states that it must be the same problem, it is up to you to ensure that this is exactly the way the paper trail appears.
If you believe your new car is covered by the California lemon law you can find additional information and the contact information for a local attorney by visiting the site of Lemon Law America.
