If your car is a lemon, the California law states you have the right to get your money back or another vehicle of the same value you paid. To determine if you have a case, your vehicle must fall under these standards. The law applies to trucks, cars, RVs, motorcycles, and any other vehicle. The vehicle should still be under warranty in order for it to be eligible at the time of the defect. Some vehicles get repaired outside of the warranty and fall into this category in some issues. The law states it is for any vehicle leased or purchased, and it does not matter if it is for business or personal use. For used vehicles, if the repair happened under warranty, then the vehicle is considered a lemon.
But Is It Really a Lemon?
People can get pretty upset when they purchase a lemon. Who can blame them? Vehicles are not cheap, and they are supposed to be reliable. When a person spends a fortune on a vehicle or gets in a contracted loan, they will always pay more than the sticker price in the end. There are a few ways on how to determine if you have a lemon. The definition states it according to the expression. It is a vehicle that is no good and does not run. California protects people who buy lemons. Most other states protect the buyers as well with anti-lemon laws. If the vehicle was not fit for a sale due to defects and unreliability, then it is a lemon.
So You Bought a Lemon, Now What?
Since the law got broken, once someone sells you a lemon, you have every right to get your money back, or the seller has to make the sale right by giving you a fair deal with another vehicle at the same price, and the dealer has to repurchase the lemon. If the vehicle is called a lemon by the court, the seller is responsible for the court cost and the lawyer’s fees. It can get pretty costly for selling a piece of junk.
Years ago, dealerships used to get away with it all the time. Now, the laws are stricter not only on the dealerships, but some highways do not want junk on the road either. Vehicles are more efficient and reliable nowadays. A poorly running vehicle is dangerous in more than one way. It can cause accidents or leave a person stranded. It can be dangerous. There are all sorts of things that can happen.
What Happens To My Payment?
The first thing that happens when you realize you have a lemon that you purchased is taking the car back to the dealership and letting them offer you another vehicle. Should you refuse the offer, they have to give you all of the money back that you spent on the vehicle’s purchase only, including fees and finance payments. Everything has to be up to date. If a loan purchased the vehicle, the entire loan has to be paid off by the dealership. All factory options, taxes, shipping, DMV fees, and any out of pocket cost toward the defects only must be paid back. Rental cars, towing expenses, and repair costs are all included. Even though it still happens, this law has cut back on a massive amount of lemon sales.
Filing a Claim
Once the dealership has had their chance to make the wrongs right, you can seek legal justice and compensation if they refuse to comply with the law. The lawyer will examine the case and see if the vehicle falls under the lemon law. Most of them do, but very few do not. Most cases sold with the words “AS IS” written on the vehicle and in the clause cannot be disputed. This means the dealer is not responsible, and all warranties are expired. Of course, they have the right to sell it, but you know what you are buying if you get it. Those cases are different. Under the definition of “lemon,” a lawyer can win a case relatively easy and most of the time, outside of the courtroom.