Lemon Law Presumption Period

What is a Presumption Period?

You may be presumed to have a car that is a lemon. A presumption does not mean that you automatically have a car that is considered a lemon. It means that “the burden of proof” shifts to the car manufacturer to prove the car they sold you is not a lemon. The presumption may make it easier for you to prove your case.

Lemon Law Presumption Conditions

You may be presumed to have a car that is a lemon if within 18 months or 18,000 miles, whichever occurs first, one of the following conditions occurs:

(1) "The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need 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 delivery of the vehicle to the buyer." CA Civil Code 1793.22.

If you would like more information, contact our lemon law firm to schedule a consultation by filling out the form below or send us a message.

What is a Presumption Period?

You may be presumed to have a car that is a lemon. A presumption does not mean that you automatically have a car that is considered a lemon. It means that “the burden of proof” shifts to the car manufacturer to prove the car they sold you is not a lemon. The presumption may make it easier for you to prove your case.

Lemon Law Presumption Conditions

You may be presumed to have a car that is a lemon if within 18 months or 18,000 miles, whichever occurs first, one of the following conditions occurs:

(1) "The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need 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 delivery of the vehicle to the buyer." CA Civil Code 1793.22.

If you would like more information, contact our lemon law firm to schedule a consultation by filling out the form below or send us a message.

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