Protect your investments, protect our society, keep unsafe "lemons" off public highways!

Attorney Susan Johnson Bates...

• Resolved hundreds of cases involving "lemon" vehicles
• Works with consumers to help them to protect themselves
• Practiced in the lemon-law area since 1988
• Practicing attorney since 1983
• Degree: B.A. in International Relations; Doctor of Jurisprudence
• Active in Community Services
• Member of local Bar Associations
• Member of Organizations to Protect Consumers
  

What is the "Lemon Law"?

The "lemon law" is a common term to indicate a body of laws which has been enacted to protect consumers from defective products. In the past, warranties often had grand sounding terms, but in fact, left the consumer without any protection at all. Therefore, laws have been passed stating anyone selling a product with a warranty has to give at least a minimum of protection to the consumer, i.e., a toaster will toast and a vacuum will vacuum. Each state has its own consumer/lemon laws and there are also federal laws.

The federal "lemon law" is the Magnuson Moss Act. California's "lemon law" is the Song Beverly Consumer Warranty Act.

The "lemon law", as it pertains to automobiles, has developed over the years and offers the consumer specific protections. In California, the manufacturer has a reasonable number of attempts to conform a new motor vehicle to its warranties. If the manufacturer cannot conform the vehicle after a reasonable number of attempts, the manufacturer shall either promptly replace the vehicle or promptly return the buyer's money.

The California Legislature does not state what a "reasonable number of attempts" is, but does provide that a certain number of attempts within the first 18 months or 18,000 miles is presumed to be "a reasonable number of attempts." It is presumed that the manufacturer has had a reasonable number of attempts to repair the vehicle if the buyer has at least once directly notified the manufacturer and

a. The nonconformity could cause serious bodily injury or death and has been subject to repair at least two times; or

b. The same nonconformity has been subject to repair four or more times; or

c. The vehicle has been out of service for repair because of the non conformities for more than 30 days.

(Note: a vehicle may be a lemon and subjected to a buyback even if it does not fall under a presumption. The law looks to the length of the manufacturer's factory warranty which is probably longer than the 18 months/18,000 miles used in the presumptions.)