Warranties in California

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California’s automobile warranty law, or “lemon law,” seeks to assist vehicle buyers when a dealer is unable or unwilling to repair a problem after a reasonable number of repair attempts. California’s lemon laws apply not only to automobiles, but all consumer goods purchases, including motor homes, boats, motorcycles, and SUVs.

An implicit promise by the seller exists whenever there is a sale of consumer products in California. This promise acts as an assurance to the customer that the product will operate properly in its intended fashion. This promise is supported by the person or business that sells the product and by the manufacturer that makes the product. Both parties may be responsible when that promise is not fulfilled. For instance, purchasers who have bought a new vehicle that proves to be defective may be entitled to compensation in the form of a refund or a replacement vehicle. In order to be eligible for compensation, the purchaser’s vehicle must typically contain a defect or nonconformity that substantially impairs the use, value or safety of the vehicle.
Where a defect exists, the consumer must allow the dealer an opportunity to address and correct the issue. Where the dealer fails to correct the problem after a reasonable number of attempts, the purchaser may be entitled to either to a new vehicle or a refund. Often times, the consumer will be allowed to determine which form of compensation, a refund or a replacement, he or she prefers. Under some circumstances, the consumer may even be entitled to additional damages such as repairs, rental cars, insurance, and attorney fees.

The crux of lemon law cases often turns on the determination of how many repair attempts are considered a “reasonable” amount. Although many manufacturers may try to convince consumers otherwise, California law does not provide a “hard and fast” rule regarding the requisite number of repairs. The lemon law does offer some guidance in stating that a reasonable number of attempts have been made if, within one year of delivery or 18,000 miles on the vehicle odometer, which ever occurs first, the vehicle has been subject to repairs for the same defect four or more times, or if the vehicle is out of service for repairs at least thirty calendar days for any reason.

This presumption is a minimum standard and a vehicle may qualify sooner depending on the nature of the defect. Where a defect develops within the warranty period, the warranty may not expire until the defect has been satisfactorily addressed. Where the dealer cannot repair the problem, consumers should attempt to directly contact the manufacturer with the complaint. The telephone number of the manufacturer or service representative is usually contained in the warranty book issued at the time of purchase. It is generally advisable to notify all parties in writing and to keep copies of all documents exchanged.
The Law Offices of Charles A. Pernice works with clients throughout California to attain the best recovery possible in every type of lemon law matter. Do not judge the merits of your case alone. If you or a loved one has fallen victim to an unreasonable manufacturer, call The Law Offices of Charles A. Pernice now at 949-440-0860 or toll-free at 800-440-3554 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Do not delay! Waiting to secure legal representation only jeopardizes the proper preservation of evidence and adherence to legal deadlines. You may have a valid claim and be entitled to compensation for your vehicle or product, but a lawsuit must be filed before the statute of limitations expires.