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When Should The California Consumer Seek Legal Help Under The Lemon Law?
This California Law which is also known as the Song-Beverly Warranty Act as well as the Motor Vehicle Warranty Rights Act has given new strength to the vehicle purchaser against the powerful auto manufacturers. What it basically says is this: if a vehicle is purchased and it turns out to be defective and it cannot be fixed after a reasonable number of attempts, then the vehicle may qualify as a lemon. If your vehicle does qualify, then you have every right under this law, to ask for your money back and/or a replacement vehicle.
When the flaws and/or malfunctioning area is brought to the attention of the dealership and manufacturer (which is what you do), then they are bound by law to repair that area that is not working correctly and is covered under your vehicle warranty. Again, after at least 4 attempts, if the vehicle cannot be fixed to your satisfaction, then you have a right to go after them. And if the vehicle's flaw can cause bodily injury or even death, then it's on a case by case basis how many times you have to bring it in for repairs. Many people in this situation only had to bring it to the dealership for repair one time and then they qualified because of the seriousness of the defect.
What is very important for the California consumer to know is that this lemon law doesn't just cover new cars but used and leased vehicles as well as long as they are still under warranty. And remember that this law doesn't just cover automobiles but also trucks, SUVs, RVs, motor homes, motorcycles and even boats.
Basically a consumer should seek legal action when: there is a true manufacturing defect, after the vehicle has been tried to be repaired and cannot be and/or the defect is found within the 18 months of 18,000 (whichever is earlier).
The first thing you should do is to contact the manufacturer by written complaint which will serve as a formal notice. Makes sure you send it certified with return receipt so that you know they got it and you have proof from the U.S. Postal Service. Also, when you take the vehicle for repairs, take it to the dealership where you purchased the vehicle. If that's not possible, then take it to an authorized service center.
Finally make sure that you keep all receipts. Also, locate your original documents and then find yourself a good attorney that specializes in the California Lemon Law.
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