California Lemon Law: Help You Avoid Road Accidents
Road accidents do happen anytime and anywhere. Man cannot be prepared when this happens, however if the accident due to faulty brakes or faulty gas fuel line could be prevented if only the car's owner tend to be attentive to his/her car before using it. The auto manufacturer is held responsible for this mishap which due to defective vehicles the company produced. Defective cars can be produced by human errors due to faulty assembly. The error is inevitable. Consumers however, must do something to protect themselves from the possible negative effect of driving a lemon car. They can notify the car dealer or the manufacturer directly to discuss the car's problem. In that way the car dealer may repair the vehicle as well as you follow the guidelines under the manufacturer's warranty.
In case the dealer can't repair the vehicle in a reasonable number of repair attempts, the manufacturer is required to replace the car with the same model or refund the consumers money. This act is called Song Beverly Consumer Act famously known as the California Lemon Law. The law became the model of 50 states, however it varies in several aspects.
The California Lemon Law was designed to provide solutions for a purchaser and lessees of vehicles of less than 10,000 GVW as a way to pay for vehicles that fail to get repaired by the authorized dealer of the manufacturer for defects that affects its use, value and safety -- the car will consider as lemon if the three factors are present.
Lemon Law Claim Basis
Manufacturer's breach of warranty is the core of a California Lemon Law. This makes the manufacturer legally responsible to fix the consumer's lemon vehicle. It is a form of assurance. The express warranty however, is generally written while implied warranty is not. The law imposes these responsibilities for both the seller and the manufacturer. As the California Lemon Law works with written warranties, however can be most likely applied for "implied warranty of merchantability," which means the consumer products meet the standards such;
1. the products pass without opposition in the industry under the contract description.
2. fit for the ordinary function for which it will be used.
3. the product properly contained, packaged and labeled.
4. Abide by the promises or "affirmation of the fact made on the container or label."
The California Lemon Law also covers the situations such previous accidents, odometer tampering, and other negative practices, which the manufacturer or the seller aware of and has failed to expose critical information to the purchaser during the time he/she purchase.
In California, even used or leased cars are covered by Lemon Law. Consumers, on the other hand should track down all repair records and necessary information in order this law will take effect. It is consumer's responsibility to gather necessary information, car dealers only repair the defects provided in the manufacturer's warranty and thus they are not responsible to gather data for you.
The Lemon law is a great solution though to lessen the car accidents that happen in the entire society. Also this prevents the people by acquiring a defective vehicle that may put their life at stake.
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