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Page 2 of 14 |
Don’t problems have to occur within 12 months of purchase to be covered by these laws? |
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Yes and No. There are two ways to invoke the lemon laws in California. One is by the "Presumption". In that case you have to meet ALL of the following criteria:
1. The manufacturer or its agents have made 4 or more repair attempts for the same problem or the vehicle has been out of service for more than 30 days (not necessarily all at the same time) while being repaired for any number of problems
2. The 4 repair attempts or 30 days out of service occur within 12 months of purchase or within 12,000 miles.
3. The problems are covered by the warranty, substantially reduce the vehicle’s use, value or safety to the consumer, and are not caused by abuse of the vehicle.
4. The consumer has directly notified the manufacturer about the problem.
The "Presumption" explained above is not the only way to have a Lemon Law claim. You may still have a claim if the problem has not or cannot be repaired in a reasonable number of attempts. If the problem is serious enough - one attempt may be sufficient. |
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