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California Lemon Law - Know Your Consumer Right!
by: Kevin Bishop
What is California Lemon Law ?
California Lemon Law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the California Lemon Law bears a special allegiance to faulty, malfunctioning automobiles.
Main-points of California Lemon Law
Also known as Motor Vehicle Warranty Rights Act, the California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The Lemon Law holds the manufacturer responsible for all the defects and problems in a Lemon Vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer's money.
The Law also empowers the customer to file a Lemon Lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer's fees are secured under the California Lemon Law.
The same set of laws is applicable for leased vehicles as well.
Under What Circumstances Can Consumers Seek Protection Under The Lemon Law In Calfornia?
California Lemon Law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared 'Lemons' - faulty and unfit for use. However, this declaration calls for the following proof:
- The defect is a manufacturing defect and is certainly not a result of mishandling.
- The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs).
- The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).
What The Consumers Need To Do?
The California Lemon Law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like:
- Abide by the instructions in the User's Manual while driving or handling the vehicle.
- Take the vehicle only to authorized service centers for all repair-works and servicing.
- California Lemon Law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail.
- All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.
Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the California Lemon Law.
About The Author
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Ohio Lemon Law - Your Last Recourse
by: Kevin Bishop
If you buy a new vehicle, you are sure to have a warranty from the manufacturer. What it does is that it requires the manufacturer to pay for parts and service if any problem arises. Now, if the problem is critical and it falls under the warranty, all you need to do is approach the dealer to resurrect it. And if the dealer cannot fix the problem after a considerable number of attempts, you may have a lemon. Yes, you can claim a lemon law that makes you entitled of a replacement or compensation on part of the manufacturer.
Ohio lemon law came into being to safeguard the consumer's rights against any flaw that largely impairs its use, worth or safety, and has not been suitably repaired or repaired in a timely manner on part of the manufacturer. Passenger cars, motorcycles, motor homes and "light" trucks are the vehicles covered by the lemon law. Remember, the lemon law is pertinent for the above said vehicles in the first year or 18,000 miles of action, whichever happens first. However, recreational vehicles as well as boats are out of the question. It is worth mentioning that Ohio lemon law is not applicable for used cars.
Lemon laws make sure that the manufactures and dealers reimburse the purchased price of the vehicle or provide a replacement vehicle, if they are unsuccessful to resurrect the problem within a considerable amount of time. Any letdown to act in accordance with Ohio's Lemon Law is a breach of Ohio's Consumer Sales Practices Act.
Before a vehicle is said to be a lemon, there are a lot of things apart from the manufacturer's defect, which are required to be considered. If within the first year of purchase or 18,000 miles of operation, the manufacturer through the dealer has made three or more attempts to fix the problem, but all in vain the law is applicable.
Similarly, if the vehicle does not function for a total of 30 or more calendar days for repairs. If the manufacturer takes eight or more tries to repair a sizeable problem covered by the warranty, it still calls for the enactment of the lemon law. The law also applies when there has been one repair attempt at the most for a safety-related problem, which still remains unresolved.
Ohio Lemon Law also ensures that the automakers and dealers present more information to consumers than before. Consumers should keep good records and an exact maintenance history to stay in safe hands. They should keep all warranty and repair orders intact. On receiving the order, consumers must counter check it to authenticate all the pertinent information. From writing down the vehicle's problems to filing in the repair records, everything needs to be done. Last but not the least, a consumer should certainly follow the owner's manual.
Always remember that before you file a lawsuit, arbitration is another way to resolve your dispute. Arbitration can also be compulsory at times. Generally, verdict is given within 40 days after the Board has received the consumer's application for arbitration. The best part is that the manufacturers pay for arbitration programs irrespective whether they win or lose.
With the initiation of the Ohio lemon law, there has been less problems with automobiles and hence a good number of satisfied customers.
About The Author
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.