california car seat legislation

Here Is A Lemon

Car owners with the misfortune of owning a defective car, truck, or van shouldn’t stress too much. It can be rectified. Behind every problem car, there is a set of protective legislations. The only stipulation of trying to declare a defective vehicle a lemon is not up to the driver, it is the state.

Although most states do follow the Federal Magnuson-Moss Warrant Act, a federal violation breach of warranty, every state has its own set of automobile lemon laws. By the request of the car owner, the state would go over the vehicle’s defective history to see if it qualifies under its Automobile Lemon Law.

How to Define a Lemon Car
The definition of a lemon car is specific–a vehicle have continuous defect that substantially impairs its use, value, or safety. But do not confuse a problem car to an automobile showing signs of faultiness. A problem car is only considered a lemon if the vehicle does not perform as provided under an expressed warranty from first purchase.

For example, some lemon considered defects are:

• A malfunction in the brakes
• The reverse gear will not start
• The rear door opens without cause
• Driver’s seat wobbles
• Engine failure in warm/cold temperature

Again, lemon specifications differ from each state, so research your state’s Lemon Law Summary before taking any action. A problem car with 10 defects under warranty may qualify under California lemon law, while in another state, a single defect is not a lemon. The requirements for the state of California for a car to be considered a lemon are:

• 18 months or 18,000 miles after vehicle delivery
• Serious safety problem that needed repairs at least two times
• Repairs that needed four or more times for the same problem
• A cumulative out of service total for 30 or more days

Lemon Law for Used or Leased Vehicles
The states also hold the fate of a used or leased lemon vehicle. Some states might consider only new cars lemon, while others may take used or leased cars under the same lemon statutes as new automobiles. Since there is a high possibility of a separate set of legislation, car owners should consult their state’s lemon law statute beforehand.

About the Author

Ryan Frank is an avid writer and blogger living in San Diego, CA.

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