If you buy a new car in California it is expected to function in complete accordance with the manufacturer’s specifications, if it doesn’t and the vehicle should have problems that have a substantial impact on the vehicles safety, use or value, you do have recourse. As with all laws, lemon laws are complex, even though you may think the law will help, there will be consumers that have to turn to a California lemon attorney get their case resolved.
The Song-Beverly Act:
What is commonly called the “lemon Law” in California is actually the Song-Beverly Consumer Warranty Act. The act requires that the manufacturer or the manufacturers authorized dealer must repair a motor vehicle, whether purchased or leased so that the vehicle conforms to the express written warranty. If this cannot be done the manufacturer must either buy the vehicle back or replace it. There are certain caveats; the vehicle must have been purchased in the state and it was purchased for personal, family or business use.
The act provides protection for the consumer while the factory warranty is in effect. If, when you purchase the vehicle you opt for a five year warranty, you are protected for the full five years. The law in California is such that the consumer can hire a California lemon law attorney to bring legal action for breach of warranty anytime within four years from when the breach was first discovered. If a consumer purchased a vehicle with a five year warranty and a defect was discovered after four years, you and your attorney have a further four years to take action, this equates to a total of eight years from when you first purchased the vehicle.
Pursuing your rights under the Sing-Beverly Act:
You should prepare a fully documented case and mail it to the vehicle manufacturer. The letter should include the recourse you desire, either a refund or a replacement. The manufacturer may or may not elect to satisfy your request, if the manufacturer balks then you should hire a California lemon law attorney.
Some manufacturers have an arbitration program that they offer but these programs are often biased and favor the manufacturer as it is the manufacturer that is paying for it. During arbitration the law can be simply ignored, as the aggrieved consumer you are well advised to discuss the situation with a seasoned lemon law attorney rather than agree to arbitration.
If you believe your new or leased vehicle has a substantial defect you may wish to hire a California lemon law attorney to help you with getting the recourse you deserve. To find a trusted lemon law attorney in California you are invited to visit LemonLawAmerica.com.
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