Important Terms To Note When Pursuing A Lemon Case In California

By Seomul Evans

Getting involved with the automotive industry can be quite frustrating at times. Some of these manufacturers can get you to listen thanks to their appealing advertisements with thrusts on reliability and efficiency, yet in some cases there are some consumers who end up with vehicles that don't measure up to expectations! There goes the investment that was saved for years. But this is not a dead end for those at the receiving end of vehicles that fail to live up to consumer expectations. At least in the United States, there is now a law that protects consumers from these issues. This is the Lemon Law, and all states in the country including the state of California have its own version of the law. The message of the law is simple; the law provides protection for consumers who purchased 'lemons' and if the manufacturer has failed to repair the said vehicle then the consumer can either get a replacement or get a refund. But the road towards that realization is bumpy if you as the consumer have no clear understanding of the law and its terms. In order to get the best out of the law, it is critical that you have a clear grasp of the typical terms subsumed in the Lemon Law of California and of other states. Listed below are some of these terms the average Californian driver and consumer should know:

1. New motor vehicle. The law explains in great detail what it accepts as a new motor vehicle in the state of California. By definition, the new motor vehicle should be bought and used for personal and household use. This should not be more than 10,000 pounds in gross weight and should be used for business purposes. In line with this, that said business should one at least one motor vehicle but not more than five. A new motor vehicle according to the law should be purchased in the state, and the coverage also extends to the motor vehicle leased and purchased by an active member of the Armed Forces who is stationed in the state. It should be kept in mind that the law will not cover any vehicle that has been abused or used inappropriately.

2. The consumer. Under the law, the consumer is that entity or individual that buys or leases the motor vehicle. This term should also cover the lessee with a term that extends four months. And the law adds coverage to the person to whom the vehicle has been transferred during the duration of the expressed warranty.

3. The nonconformity. Under the Lemon Law of California and of all other states, the concept of nonconformity is an important one. This will refer to that state that may impair the use, the market value and the safety of the motor vehicle to the consumer. This term may cover the defect or failure on the vehicle or simply it fails to conform to what is written on the warranty as provided by the manufacturer.

4. Lemon Law Rights Period. A check with the law reveals that there is no such thing as a lemon rights period. What is used in litigation and arbitration process is the entire warranty period as specified by the manufacturer.

All these terms have a special place in the lemon law, thus the need for every consumer to understand all these. You can think of these terms as your ammunition just in case the worst happens, and you need to file a complaint against the manufacturer.

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