The Law
The lemon law is just another name for a states consumer protection law. It applies not only to a vehicle but to just about any other goods sold in that state, i.e. computers, jet skies.......
Anyway, I used to represent General Motors in what they call an early resolution program. I was a litigation specialist. My job was to settle all lawsuits and demand letters presented to GM in regard vehicles. California was a state that I dealt with heavily. Not only is there a lemon law, but there is also breach of express and implied warranties. While the lemon law in california is only in effect for the first 18 months 18,000 miles, a breach of express or implied warranties can surepass your full warranty period if the non-conformities occured within the factory warranty period.
Here are facts concerning California Lemon Law.
1. A state run or BBB arbitration is NOT necessary to be fulfilled in California. This means you can go directly to an attorney.
2. The vehicle must qualify to file "lemon law" - The use, value, or safety of the vehicle must be compromised.
3. A final repair attempt and a formal letter of so must be submitted directly to the manufacturer.
4. If the non-conformity is directly related to the safety of the you and your vehicle only 2 repair attempts are necessary to meet the presumption of lemon law.
5. A presumption of lemon law, if the vehicle qualifies, will ensure that the manufacturer must settle, there is no way they can will in court.
6. Presumption of lemon law example: 3 repair attempts within 13,000 miles and 6 months from the time of purchase directly related to a stalling problem.
7. If a vehicle is repurchased by the manufacturer, it CAN be resold and titled, but the dealer will need to brand the title as a repurchased vehicle and the dealer must disclose the fact that it was a repurchase before it is re-sold.
8. When an attorney files lemon law for you, he or she will almost always file under the following: Lemon Law (song beverly act), breach of expressed and implied warranty and the Magnuson Moss Federal Warranty Act.
9. When Magnuson Moss Federal Warranty act is named in a demand letter or lawsuit and the manufacturer settles, the manufacturer must pay the plaintiffs attorneys fees.
10. A mileage deduction is allowed by law. It is calculated as so, take the mileage at the time of the first non-conformity occured.. Divide that by 100,000 and multiply that by the purchase price of the vehicle. That amount will be deducted from your settlement amount....
**** I have settled over 600 lemon law cases for GM. An example of a settled case would be 3 checks issued. 1 check to the cust., 1 check to the financial institution and 1 check to the attorney. This is an example of a straight repurchase. The surrendering of the vehcile will take place at a dealership of the cust choice and at that time the cust will hand over the vehicle and a check will be issues to the cust.
There are many many other variables that can be taken into consideration, I have just covered the main points. If you need any further question answered, please feel free to e-mail me at
f1_74@yahoo.com....
Regards,
John
