Is it Required to Have Possession of a Vehicle for California Lemon Law to Apply?
August 6, 2020
City of Irvine, CA Guide
August 26, 2020
How do I know if I have a lemon?
The Song Beverly Consumer Warranty Act, also known as the California lemon law, states that in order for a vehicle to be considered a lemon, the vehicle has to have a “non-conformity that substantially impairs the use, value, or safety of the vehicle.” As the case in Lundy v. Ford Motor Co. (2001) 87 Cal.App.4th 472 mentions, not every impairment is sufficient to satisfy the statute and there is an element of degree involved.
What happened in the Lundy case?
The Lundy case was a very technical case. In that case, the consumer bought a new car that gave him a myriad of problems, from “crackling noises from during turns to sticking windows . . . [to] odor emanating from the air conditioning system and transmission-related problems . . . [S]hortly after the last repair attempt was made, and the odor and transmission-related complaints were not corrected to [consumer’s] satisfaction, [consumer] requested a replacement or repurchase of his vehicle from Ford. His request was refused. [Consumer] then brought an action for breach of implied and express warranty under the Act. The jury rendered a verdict in favor of [consumer], and judgment was entered on the verdict. Defendants filed . . . [an] appeal.” Id.
What did the court conclude in the Lundy case?
There were various issues the court had to contend in Lundy. The one relevant issue here has to do with the term “substantial” in the statute. The Lundy court said that “[W]hether the impairment is substantial is determined by an objective test, based on what a reasonable person would understand to be a defect. This test is applied . . . within specific circumstances of the buyer . . . [T]he most analogous definition of ‘substantially’ [is] found in a context similar to its usage . . . in the Uniform Commercial Code, section 2-608. [U]nder it, the trier of fact may consider: ‘the nature of the defects; the cost and length of time required for repair; whether past repair attempts have been successful; the degree to which the goods can be used while repairs are attempted; [inconvenience to buyer]; and the availability and cost of alternative goods pending repair . . .” Id.
How do I know if the problems I have with my car are substantial?
A good way to find out whether the issues you are having with your vehicle are “substantial” is to contact a knowledgeable California Lemon Law attorney.
Learn More by Contacting Our Orange County Lemon Law Firm
Because the California Lemon Law provides for attorney’s fees and costs, there is no cost to you if you hire us as your attorneys.
Our Mission Viejo lemon law firm provide free consultations. If we take your case, you are not responsible for paying us any fees under California’s Song Beverly Consumer Warranty Act.
Learn more about Luis Aguirre Law by visiting our other brand profiles: Avvo, Instagram, and Netxtdoor.
Contact us Today
The information on this posting is for general information and/or educational purposes only and should not be construed as legal advice or a guarantee on the outcome of a particular case. This publication may contain dramatization. This posting is intended for California consumers only. This posting is considered advertisement by Luis Aguirre Law, who is also responsible for its content. Viewing, reading, or receiving the information on this posting does not create an attorney-client relationship. We are not your attorneys until you sign a written contract with Luis Aguirre Law, and the contract is fully executed (signed by attorney). Although information on this posting is deemed accurate, information on this posting should not be acted or relied upon without first conducting an independent investigation and/or obtaining qualified legal counsel, or you do so at your own risk. Attorney is licensed in the state of California only. Attorney Luis Aguirre is bilingual and also speaks Spanish and will provide help in Spanish if you request it. Although attorney limits his practice to the particular field of breach of contract – lemon law, attorney is not a certified specialist in this particular field or any other field of law. See “Our Policies” tab for further details regarding our Privacy Policy, Disclaimer, and Attorney’s Fees.
