Can someone bestow me a 'Dummy' explaination of the California Lemon Law?
I bought a 2007 Nissan Altima this past may from a Mercedes-Benz dealer...The motor is running weird ever since the beginning. The agent said I had to take it to the Nissan buyer since the car is still under warranty. The Nissan marketer told me to take it to the dealer I purchased the vehicle from...I could swear the car is a lemon because I just notice all the things wrong with it...Like the unexpected idling and the steering wheel clicking when I put together turns.
Can someone please give me a 'Dummy' version of the California Lemon Law?
Can I also get hold of a reference on how I can find out if my car is within fact a 'Lemon'?
Thanks everyone :)
Answers:
The dummy version? I'm not sure that's possible, it's a a bit complicated law, but I'll try.
If you have a foreign car (only new cars are lemons, the imperative doesn't apply to used cars bought as is) that has been wager on to the shop at least 4 times for the SAME problem, and they aren't able to fix it, you *might* own a lemon and be entitled to some relief.
Now for the more complicated answer:
California Civil Code Section 1793.22 , 1794
(a)This section shall be certain and may be cited as the Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have be made to conform a new motor vehicle to the applicable express warranties if, in 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occur:
(1) The same nonconformity results in a condition that is promising to cause death or serious bodily injury if the vehicle is driven and the nonconformity have been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee have at least once directly notified the capitalist of the need for the repair of the nonconformity.
(2) The same nonconformity has be subject to repair four or more times by the manufacturer or its agents and the buyer has at lowest once directly notified the manufacturer of the entail for the repair of the nonconformity.
(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since distribution of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be perform due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) and (2) only if the manufacturer have clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this sector and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the entrepreneur in the warranty or owner's manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer surrounded by any civil action, including an action contained by small claims court, or other formal or informal proceeding.
(c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process next to a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required within subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied next to that third-party decision, or if the manufacturer or its agent neglect to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the conclusion is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) contained by an action to enforce the buyer's rights under subdivision (d) of Section 1793.2. The findings and declaration of a qualified third-party dispute resolution process shall be admissible in evidence in the goings-on without further foundation. Any period of curbing of actions under any federal or California law with respect to any person shall be extended for a time equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its judgment or the date before which the manufacturer or its agent is required by the result to fulfill its terms if the decision is standard by the buyer, whichever occurs later.
(d)A qualified third-party dispute resolution process shall be one that does adjectives of the following:
(1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.
(2) Renders decision which are binding on the manufacturer if the buyer elects to adopt the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the declaration is accepted by the buyer, within which the businessman or its agent must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to want disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations contained by Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
(5)Requires the manufacturer, when the process advice, under the terms of this chapter, any that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance next to paragraph (2) of subdivision (d) of Section 1793.2.
(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
(7)Takes into account, contained by rendering decisions, all endorsed and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred contained by regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate contained by the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decision of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees below subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and(b)of Section 1794, including, but not controlled to, reasonable repair, towing, and rental car costs in actual fact incurred by the buyer.
(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other soul, including an employee, agent, or dealer for the businessman, may be allowed to participate substantively in the merits of any dispute near the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any contestant of an arbitration board from deciding a dispute.
(9)Obtains and maintains credentials by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.
(e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following lingo have the following meanings:
(1)"Nonconformity" scheme a nonconformity which substantially impairs the use, value, or sanctuary of the new motor vehicle to the buyer or lessee.
(2)"New motor vehicle" means a fresh motor vehicle that is bought or used primarily for personal, family, or household purposes. "New motor vehicle" also finances a new motor vehicle with a gross vehicle mass under 10,000 pounds that is bought or used primarily for business purposes by a personality, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicle are registered in this state. "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintain primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new motor warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively stale the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating merits and characteristics common to vehicles of one and the same or similar model and type.
(3)"Motor home" means a vehicular unit built on, or for always attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral chunk of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
(f)
(1) Except as provided in paragraph (2), no personality shall sell, either at wholesale or retail, lease, or verbs a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the untested buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the strange buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
(2) Except for the requirement that the natu
The plain newspaper. There is no lemon law for used cars. Simple enough. If it is still underneath warranty it would need to be worked on by the dealer brand that sold it (Nissan).They would enjoy three tries to fix a specific problem and then it may be considered as a "lemon" (key word being MAY).
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Can someone please give me a 'Dummy' version of the California Lemon Law?
Can I also get hold of a reference on how I can find out if my car is within fact a 'Lemon'?
Thanks everyone :)
Answers:
The dummy version? I'm not sure that's possible, it's a a bit complicated law, but I'll try.
If you have a foreign car (only new cars are lemons, the imperative doesn't apply to used cars bought as is) that has been wager on to the shop at least 4 times for the SAME problem, and they aren't able to fix it, you *might* own a lemon and be entitled to some relief.
Now for the more complicated answer:
California Civil Code Section 1793.22 , 1794
(a)This section shall be certain and may be cited as the Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have be made to conform a new motor vehicle to the applicable express warranties if, in 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occur:
(1) The same nonconformity results in a condition that is promising to cause death or serious bodily injury if the vehicle is driven and the nonconformity have been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee have at least once directly notified the capitalist of the need for the repair of the nonconformity.
(2) The same nonconformity has be subject to repair four or more times by the manufacturer or its agents and the buyer has at lowest once directly notified the manufacturer of the entail for the repair of the nonconformity.
(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since distribution of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be perform due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) and (2) only if the manufacturer have clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this sector and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the entrepreneur in the warranty or owner's manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer surrounded by any civil action, including an action contained by small claims court, or other formal or informal proceeding.
(c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process next to a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required within subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied next to that third-party decision, or if the manufacturer or its agent neglect to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the conclusion is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) contained by an action to enforce the buyer's rights under subdivision (d) of Section 1793.2. The findings and declaration of a qualified third-party dispute resolution process shall be admissible in evidence in the goings-on without further foundation. Any period of curbing of actions under any federal or California law with respect to any person shall be extended for a time equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its judgment or the date before which the manufacturer or its agent is required by the result to fulfill its terms if the decision is standard by the buyer, whichever occurs later.
(d)A qualified third-party dispute resolution process shall be one that does adjectives of the following:
(1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.
(2) Renders decision which are binding on the manufacturer if the buyer elects to adopt the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the declaration is accepted by the buyer, within which the businessman or its agent must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to want disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations contained by Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
(5)Requires the manufacturer, when the process advice, under the terms of this chapter, any that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance next to paragraph (2) of subdivision (d) of Section 1793.2.
(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
(7)Takes into account, contained by rendering decisions, all endorsed and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred contained by regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate contained by the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decision of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees below subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and(b)of Section 1794, including, but not controlled to, reasonable repair, towing, and rental car costs in actual fact incurred by the buyer.
(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other soul, including an employee, agent, or dealer for the businessman, may be allowed to participate substantively in the merits of any dispute near the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any contestant of an arbitration board from deciding a dispute.
(9)Obtains and maintains credentials by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.
(e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following lingo have the following meanings:
(1)"Nonconformity" scheme a nonconformity which substantially impairs the use, value, or sanctuary of the new motor vehicle to the buyer or lessee.
(2)"New motor vehicle" means a fresh motor vehicle that is bought or used primarily for personal, family, or household purposes. "New motor vehicle" also finances a new motor vehicle with a gross vehicle mass under 10,000 pounds that is bought or used primarily for business purposes by a personality, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicle are registered in this state. "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintain primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new motor warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively stale the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating merits and characteristics common to vehicles of one and the same or similar model and type.
(3)"Motor home" means a vehicular unit built on, or for always attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral chunk of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
(f)
(1) Except as provided in paragraph (2), no personality shall sell, either at wholesale or retail, lease, or verbs a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the untested buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the strange buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
(2) Except for the requirement that the natu
The plain newspaper. There is no lemon law for used cars. Simple enough. If it is still underneath warranty it would need to be worked on by the dealer brand that sold it (Nissan).They would enjoy three tries to fix a specific problem and then it may be considered as a "lemon" (key word being MAY).
Related Questions: