What Is The California Lemon Law?
The California Lemon Law states that if a person has to repair his new or used car, truck, van, R.V or motorcycle, boat or any consumer goods during the warranty period and after giving the dealer a reasonable number of attempts to repair the vehicle, the product is considered a “lemon.”
A car or consumer product is said to be a lemon if the same problem occurs three or more times in a row, over a small period of time within the warranty period. The plaintiff or the owner is entitled to get his money back or get a substitute under this Law. It does not matter if a person has purchased or leased the vehicle or product.
There are many ways of receiving compensation and it is not necessary for the consumer to directly sue the manufacturer. If the vehicle is purchased after 1986 then there is a provision called the arbitration procedure. In this procedure, a company called the “better business bureau” auto line department assigns an arbitrator to listen to both sides of the story and decide upon the outcome of the case. The important note that the judge’s decision is binding for the manufacturer but not for the aggrieved party. This means that the owner of the vehicle can reject the decision or outcome of the arbitrator and sue the manufacturer in court.
Research reveals that 99% of the lemon law cases are judged in favor of the plaintiff. The compensation received is usually equal to the cost of the vehicle. However, the plaintiff can also choose a replacement vehicle of the same make and reject the refund.
Although lemon laws vary from state to state, the basic purpose of these laws is to protect the consumer from goods and vehicles that have an inherent defect.
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