What Is Reasonable Under California Law?

• Simply put, the dealer gets two attempts to fix a defect that might cause death or serious injury, or four repair attempts or 30 calendar days when the vehicle is out of service. The law applies for 18 months or 18,000 miles, whichever comes first. These circumstances create a "presumption" under the law that the car is a lemon.
  
  

If Your Vehicle Doesn't Meet the Presumption Test

• There are still lemon law protections. As long as the defect affects safety, value or use within the new-car warranty period and hasn't been repaired after a reasonable number of repair attempts, the vehicle may still be entitled to the lemon law legal protections. In other words, it can still be considered a lemon vehicle beyond the warrantied time period. The process becomes a little more convoluted, but it can still qualify as a lemon with the same remedies offered under the standard procedure.
  
  

You Don't Need Arbitration

• Although there is a provision in the lemon law for arbitration, it is not a required step in the process. Often, if you receive an unfavorable ruling from an arbiter, it can be used against you in any subsequent legal action that you may decide to take.
  
  

Read Your Warranty

• It is very important that you know the conditions established in the warranty of a vehicle you are about to purchase. Don't rely on a salesperson or vague explanations of the terms and conditions of the warranty. Although the warranty can't exempt itself or your vehicle from lemon laws, the duration and mileage limitations might. In other words, if the defects occur after the warranty provisions, you may have lost a chance to make a lemon law claim and fixing the problem will come out of your own pocket.
  
  

Tips

• Make sure that when you file a complaint that whomever is writing the complaint writes it accurately and exactly as you tell them. This is part of creating a record should you have to take additional steps. Keep copies of the work order and repair order. Don't stall when a substantial problems arises. The manufacturer is allowed to deduct a "usage fee"--a fee that reduces the settlement based on how long you used the vehicle between attempted fixes. The usage fee is based on odometer mileage. So if it's not right the first time, get it back to the dealer as soon as possible. Sometimes, the dealership will be aware of the problem before you ever show up. If the manufacturer notices a defect, it will notify dealers of the problem beforehand through Technical Service Bulletins or TSBs. So ask when you bring your car back for repair if there was a TSB issued for the specific defect.