Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance. These products are commonly referred to as “lemons”. There are both state and federal lemon laws that protect the interests of consumers. The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.
The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.
If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value, California State Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.
Circumstances in which the consumers seek protection under California Lemon Law:
The defect of the product is a manufacturing defect
The vehicle has been repaired at least four times and still the defect persists.
The defect is detected but not repaired within the period of 18 months or 18,000 miles.
There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as "cutting off" or "stalling"; (2) send a certified, return receipt requested letter to the manufacturer's consumer relations office and the manufacturer's nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state's lemon law, request a refund or replacement, less depreciation, of the vehicle.
Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.