We all know having repairs done to your vehicle is a drag. It can be a hassle to schedule an appointment, especially if it requires you to take time off work. It can be especially frustrating to keep returning your vehicle to the dealership with little or no results. While this process can feel aggravating at times, it is important to know that it is a fundamental step in determining whether or not you are driving a Lemon. If your vehicle qualifies pursuant to the California Lemon Law, you could be entitled to a repurchase of your vehicle. Don’t be left driving a lemon when you deserve to be driving around in the shiny new vehicle which you thought you were getting.
In order to qualify under the Lemon Law, a consumer must first give the manufacturer an opportunity to cure or fix the defect. If your vehicle is relatively new, the number of repairs which can qualify you is covered within a presumption period. It can be “presumed” that the manufacturer has had a reasonable number of attempts to repair the vehicle if it has been in the shop for two or more times for safety, four or more times for non-safety related items or has been out of service because of repairs for a total of more than 30 days since delivery of the vehicle. The presumption period applies to the first 18 months of the delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. Therefore, as soon as your vehicle presents problems, it is certainly in your best interest to get your vehicle back to a dealership for repairs. Find out early if you are driving a lemon, for no one wants to be stuck with a lemon vehicle.
If your vehicle falls outside of the presumption period, it does not mean your vehicle cannot qualify as a lemon. The law just merely shifts to a reasonableness standard. Therefore, if after a reasonable number of repair attempts the manufacturer is unable to conform the vehicle pursuant to the warranty you will still qualify under the California Lemon Law. So just as with the presumption period, it is important to take your vehicle in for repairs if you are noticing problems with it.
Another common reason we hear that people do not want to take their vehicle in for repairs is that they feel they are not getting good service or workmanship at their present dealership. If you feel your current dealership is not able to resolve your problem or is not giving you the customer service you are looking for, you are free to take your vehicle to another authorized repair facility. Sometimes a fresh set of eyes can see a problem which may have been overlooked by someone else. We certainly don’t want to see people lose out on their rights under the lemon law due to either poor service or frustration of mechanics.
To determine if your situation qualifies under the Lemon Law, contact us today for a free evaluation. Isn’t it time you got help out of the lemon vehicle you are currently driving and into the shiny new vehicle which you thought you bought? Call Today for your Free Evaluation.
Kimberli Zazzi, Esq. & LaDawna Fleckenstein, Esq.