What To Expect From Lemon Law Coverage For New Cars In California


Submitted by: Seomul Evans

Car buyers should be happy to note that there are a number of exercisable rights at their disposal, both state and local laws if in case the purchased cars did not perform as expected. These laws and regulations are subsumed in the Song-Beverly Consumer Warranty act otherwise known as the Lemon Law .

Under the law, car buyers can find protection the moment they buy or lease new motor vehicles. The Consumer Warranty Act requires that the car manufacturer in a specific state, if unable to repair or service the vehicle to meet what was expressed in the warranty, should issue a replacement to the purchaser to the corresponding purchase price. Under the Song-Beverly Law, the purchase price that must be returned to the purchaser should include the price paid for the manufacturer-installed parts and accessories and also the transportation expense. But it should be noted that the price to be returned to the person should not include the price paid by the owner for non-OEM parts and accessories. The choice of whether to get a new car or the refund lies in the consumer. Whatever the choice of the consumer, it is expected that the manufacturer should include the payment for the sales or use tax, the license, registration and other attendant costs that the consumer has incurred.

This doesn t mean that the consumer is free from any form of obligation once it has been found out that the car is actually a lemon . The purchaser may be charged with a minimal amount as well, whether the option as to refund or the manufacturer will replace the said vehicle. The amount is determined by a formula. If for example the car has been used for 1,000 miles when this was first brought out to the car repair shop, then the formula used in computing for the charges against the purchaser is 0.08 percent (1000/12000=0.08 percent) of the purchase price for the use of the vehicle. This kind of computation will be used for the duration of the warranty. These kinds of arrangement in the form of refund and replacement will not be applicable if the vehicle has been abused.

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Coverage for old vehicles

Owners of used cars should not be worried about not being covered by the law. The Song-Beverly Law has general rules and regulations that may apply to used and old vehicles. These general rules cover the motorcycles, mobile homes, used cards and even lemons that were sold and repurchased by consumers with warranty that covers the possible defects. But it should be kept in mind that the kind and the quality of coverage may not be similar to those for new cars. For example, there is no formula used in the computation of the amount that can be refunded by the consumer.

Validity of the lemon law claim

Before you can say that your claim on lemon is valid, you have to take into account three important things. First, the claim will only be valid if the vehicle leased or purchased is used for personal or business purposes. Also, the vehicle must also exhibit troubles that are explicitly covered by the warranty. Remember, in this law if there is no warranty then you have no solid lemon case . And more importantly, in order for that to be valid, the manufacturer should have failed in repairing the issue.

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