Legal Question in Consumer Law in California
Might my vehicle fall under the 'lemon law'
I bought a new vehicle in Feb '05 from a dealer and the vehicle has a 5 yr. 40,000 bumper-to-bumper warranty. About a month later, a loud rattle developed in the dashboard. I took the car to the dealership and they corrected the problem after 5 days in the shop, free of charge as it was under warranty. About a two weeks later, another problem developed in the headliner apparatus which produced a squeaking sound. The dealer corrected this problem after only 2 days in the shop. Now, a third problem has unfortunately developed. This time it is in the front passenger door. There is a rattle in the door when driving down the road. This rattle turns to a vibrating sound when the stereo is on. My car has been in the shop 10 consecutive days this time. The dealership called me to tell me they have replaced all moving parts inside that door and the problem persists. They tested a couple of same model vehicles on their lot and they have the same problem, one car is even worse. According to the dealership, the manufacture is aware of 3 cases such as mine and they have been unable to correct the problem. I would prefer the problem be corrected but if the manufacturer is unable to do so, do I have rights under the 'lemon law'. Is this worth it
2 Answers from Attorneys
Re: Might my vehicle fall under the 'lemon law'
Try contacting the Better Business Bureau's AutoLine Program. They can help resolve your disputes with the manufacturer. Simply call your local Better Business Bureau and tell them you need help with an automobile warranty problem/issue.
Generally, to be considered a "Lemon" under the "Lemon Law" (actually there are several statutes that relate to consumer warranties on new vehicles, not just one "law"), the vehicle must have been out of service for a total of 30 days for the SAME problem, or the manufacturer must have attempted to resolve the SAME problem on at least 4 occasions. Generally, if the problem has been resolved, and another problem pops up, the manufacturer is given the opportunity to resolve that problem. The standard is whether the "nonconformity" diminishes the "use, value or safety of the vehicle to the consumer."
Re: Might my vehicle fall under the 'lemon law'
"Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
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