The Lemon Law Protects You and Your Family

If you think you have a lemon, then you probably do. Thankfully, you also have rights.

The Lemon Law, technically entitled the "Song-Beverly Consumer Warranty Act," protects residents of California from defective vehicles and allows Californians to take legal action against the manufacturers.

The Lemon Law is fairly straightforward and easy to understand. The manufacturer must either replace the vehicle or reimburse you an amount equal to the purchase price, if the manufacturer cannot repair your vehicle after a "reasonable" number of attempts.

A "reasonable" number of attempts is defined as the manufacturer being unable to repair the same defect after four tries. If the defect is "life-threatening or likely to cause serious bodily injury," however, you are only required to have two repair attempts. Additionally, if the vehicle was inoperable for a cumulative total of thirty days, so long as the repairs are attempted within the manufacturer's warranty period, this would be considered "reasonable" under the Lemon Law.

The manufacturer must pay for license fees, rental expenses, towing, and out of pocket repairs in addition to replacing the vehicle or reimbursing the vehicle purchase price. Attorney's fees and other losses may be paid.

But beware - there are conditions. The use, value, or safety of the vehicle must be affected by the defects, and the vehicle must still be under the original manufacturer's warranty. For example, under the Lemon Law, a constantly broken cup holder would not qualify.

Different laws also apply to off-road vehicles like motorcycles, motor homes, and other such vehicles. The manufacturer is additionally entitled to take a deduction for mileage accrued on the vehicle prior to the defects occurring, and other restrictions can be applied.

The ability to rid yourself of your lemon and regain most, if not all, of the cost of buying the vehicle (including loan or lease expenses incurred post-purchase) are advantages for you. You could also get back a good portion of other losses resulting from the malfunctioning vehicle. This proves that the Lemon Law truly is a law designed to protect the consumer.

by Barry Edzant