In the United States, when consumers purchase new products, such as automobiles
and motorcycles, they typically come with manufacturers’ warranties,
which promise to repair the automobile or motorcycle if something were
to go wrong. Sometimes, no matter how many times the repair shop has tried
to fix the problem, it’s unable to correct it. In effect, the automobile
or motorcycle is not the ‘new’ vehicle experience you believed
you were purchasing, or, cannot be driven or is dangerous to drive.
What a lot of consumers do not realize is that California’s
Lemon Law is not limited to automobiles and motorcycles. The “Lemon Law”
also applies to boats,
motor homes, appliances, and even other consumer products that are sold with a warranty.
Not only that, but the Lemon Law applies to both purchases and leases
as long as a warranty is in effect.
Does the Lemon Law Apply to Used Products?
Generally, the Lemon Law applies to new products, but under specific circumstances,
a used product may be covered under the law, especially as it pertains to
used vehicles. Under the Lemon Law, after the manufacturer, or in the case of a dealer
who has warranted a used vehicle has had a reasonable opportunity to repair
an issue or issues and it is not resolved, they are required to:
- Refund all monies paid for the defective product
- Or, replace the product with one substantially identical
- The warrantor cannot force a replacement remedy on the consumer if they
don’t want it
Sometimes, the manufacturer of a “lemon” will refuse to replace
or refund the consumer. In this situation, all hope is not lost. With
a knowledgeable Lemon Law attorney by his or her side, the consumer can
file a civil action in court. This step typically becomes necessary when
the manufacturer refuses to take responsibility for a defective product
that it has produced, which became the purchaser or lessee’s problem
– a flawed product rendered useless due to no fault of the consumer.
Do you believe you have a lemon? If so, get the answers you deserve. Contact us today
at (818) 449-7639 to speak with a
California Lemon Law attorney.