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Squeezing The Lemon Out Of The Lemon Law

Aimed at protecting the consumers, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund, if the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing.

In order for the Lemon Law to apply, the vehicle needs to be under the original manufacturer's warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses. The vehicle’s issues must greatly diminish it's safety, value, or usability

Manufacturers never like to buy the vehicle back due to the costs involved. At times manufacturers try to claim that the warranty does not apply, arguing that the owner made improper use or changes to the vehicle. If you are proved to have voided your warranty, you will lose a Lemon Law case.

When you purchase a new vehicle, it's wise to use the following guidelines:

1. Precisely follow the suggested maintenance schedules. (You do not have to take your vehicle to a dealership for routine maintenance; you should, however, take the vehicle to a dealership to have all warranty repairs performed.)
2. Even if the garage made no repairs, keep the receipt. If you are doing your own engine work like changing oil, please retain all buying receipts with you.
3. You should take your vehicle to the dealership straightaway if it is not behaving correctly. Your rights under your warranty may be forfeited if the problem worsens due to not being recognized.
4. Never alter the stock vehicle configuration with non-stock parts. Van conversions are a potential problem because after they are converted, they are no longer considered stock.
5. Don't try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.
6. A continuous problem needs to be reported to the dealership's service manager and the manufacturer's rep in writing.

Furthermore, getting into a car wreck will sometimes void aspects of a warranty. For instance, if your suspension is damaged in an accident, suspension problems that occur in the future are not likely to be covered under the Lemon Law.

Even though they dislike repurchasing their own products, vehicle manufacturers will generally be persuaded to go along with the purchaser if the automobile really is a Lemon according to the Lemon Law. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.

About Barry Edzant
Barry Edzant is an experienced California lemon law lawyer and knows the importance of doing some research before buying a used car. Barry has worked with many personal injury claims as a Los Angeles personal injury attorney and understands the seriousness of the California lemon laws.


View all Articles by Barry Edzant

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