Legal Question in Consumer Law in California

Re: Ca lemon law

A Lemon Law claim requires that the problem affect the safety or the value of the car. It doesn't seem like this does. However, if you can argue that the seats are unsafe or lower the value of the car, then you may have a claim. However, you would need to bring the car to the dealer and give them several chances to fix the problem.

If, as it sounds, this is just a car with uncomfortable seats, then it is doubtful that you have a case.

Re: Ca lemon law

I am about to tell you more than you probably ever wanted to know about California�s Lemon Law. To fall under the law, the uncomfortable seats must "substantially impair the use, value or safety of the vehicle.� So whether or not your case qualifies depends on how severe the defect is and whether others can detect the problem.

In any event, you cannot seek relief under California�s Lemon Law until you give the manufacturer a �reasonable� number of attempts to repair the vehicle. Under certain very specific circumstances the law presumes that the number of repair attempts have been reasonable. Generally speaking, if there have been four repair attempts or the vehicle has been out of service thirty days or more, the presumption applies. Only two repair attempts are necessary if the defect results in a condition that would cause serious bodily injury or death if the car is driven, (which is probably not your situation.)

This presumption will apply only if the attempts have been made within 18 months after you received delivery of the vehicle or you have 18,000 miles on the odometer, whichever occurs first. You must also give notice of the problem to the manufacturer � not the dealer, or the presumption will not apply.

Once there have been a reasonable number of repair attempts, you may contact your local Better Business Bureau for assistance in attempting to resolve the situation, including the provision of free arbitration services.

Good luck.

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