California's
Lemon Law
Protection
for California new and used car buyers
Fifteen
tips for putting the squeeze on auto lemons:
(Note:
the following is general information intended to assist the public. It
is not specific legal advice.
To find out about whether you have a case under the lemon law, or other
consumer protection statutes, contact your state's attorney general or
an attorney who specializes in lemon law cases.)
1. If the manufacturer or dealer tells your car is not a lemon, and tries to discourage you, don't fall for it. Remember: they are not your friends. Some lemon peddlers will try every trick in the bookincluding misleading you about your rights under the lemon law---to try to persuade you to give up and go away, or sell your vehicle to them at a loss. (Your loss, their gain.)
2. It's not exactly a thriller, but take time to read your owner's manual. Follow the schedule for properly maintaining your vehicle. Don't overload your vehicle or drag race. If the vehicle is not designed for off-road use, forget the arroyos. Bottom line: don't give the manufacturer a convenient excuse to claim you caused the problems.
3. To avoid hassles about whether repairs were performed properly, it's safest to take the vehicle to an authorized repair facility/dealership for servicing during the warranty period.
4. Keep all the maintenance records. You are entitled to a copy of the repair record anytime you take your vehicle to be repaired, even when the authorized repair facility/dealer fails to duplicate the problem or diagnose what's wrong. If the dealership refuses to give you a repair record, or puts incomplete or false information on a repair record, complain to your local Department of Motor Vehicles investigative office. If possible, get a witness to their refusal.
5. Take notes, including circumstances and dates when problems occur, when you take your vehicle for repairs, and any communications with the dealer or manufacturer.
6. Get the technical service bulletins (TSBs) for your vehicle. These useful documents are key information the manufacturer sends to its dealerships about common problems. They can be excellent evidence a vehicle has a defect, and you are not alone in experiencing a problem. Manufacturers are required by law to send copies of the bulletins to the National Highway Traffic Safety Administration. You can download them for free from: http://www.nhtsa.dot.gov.
You can also download copies of other consumers' complaints from the same Website.
7. Write to the auto manufacturer. This is the most foolproof way to give the notice legally required by the lemon law. Keep your letter brief. Tell the manufacturer the Vehicle Identification Number (VIN) and that you consider the vehicle to be a lemon, and intend to use the lemon law. List all the problems you have experienced, starting with the worst one(s). Send your letter to the address in the owner's manual, via certified mail, so you have proof it was received. Keep a copy for your records, and keep the receipt showing the letter was delivered. (Sample lemon law notice to manufacturer)
