Discovering Lemon Laws in California And What Do They Really Mean?

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Lemon laws in California refer to the Song-Beverly Consumer Warranty Act, which provides consumer protection for purchasers or lessees of new and used vehicles.

The law applies to both new and used vehicles that come with a manufactuer’s warranty and includes a wide variety of vehicles used for both business and personal use, including –
• Cars, pickup trucks, vans, and SUVs.
• The chassis, chassis cab, and drive train
of a motor home.
• Dealer-owned vehicles and demonstrators.
• Many vehicles purchased or leased
primarily for business use.
• Vehicles purchased or leased for personal,
family, or household purposes.

Under this law, a vehicle is considered a “lemon” if it has an imperfection that substantially impairs its use, value, or safety.

The defect must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first. The manufacturer cannot repair the problem after a reasonable number of attempts.

The Song-Beverly Consumer Warranty Act provides strong protections for consumers in California who purchase or lease a lemon vehicle. It helps ensure consumers receive a working vehicle or a refund for their purchase and provides a remedy for defects that auto mechanics cannot fix after several attempts by the manufacturer.

Lemon Squeeze: Uncovering the Problems Protected by Sacramento’s Lemon Laws

The Song-Beverly Consumer Warranty Act applies and provides consumer protection for problems related to vehicles that meet the following criteria:

  • The vehicle must have been purchased or leased for personal, family, or household purposes.
  • The defect must impair the vehicle’s use, value, or safety, and the manufacturer must have been unable to repair the problem after several attempts.
  • The defect must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first.

There is no

There is no set number of times that a vehicle should be taken for repair before it might be considered a ‘lemon’ . California’s Lemon Law Presumption contains these some guidelines as to what may be applicable however, including –
• The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.
• Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.
• The vehicle has been in for repairs for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty.

These are the common problems covered by the lemon law.

If a consumer’s vehicle meets these criteria, they may be entitled to a full refund and reimbursement. Our query to an experienced lemon law attorney in Sacramento also indicated some of the other factors that can be considered for claims that are valid under the legislation and the obligations that manufacturers need to be aware of.

Defective No More: Examples of Defects Covered Under Lemon Laws

Examples of defects that lemon laws may cover include:

  • Engine problems such as stalling, misfiring, or overheating that auto mechanics cannot repair after several attempts.
  • Transmission problems, like slipping or shifting gears, cannot be fixed despite repeated attempts.
  • Electrical problems, such as problems with the battery, alternator, or starter, persist despite repair efforts.
  • Brake problems, like grinding or pulling, that mechanics cannot resolve.
  • Steering problems, such as difficulty steering, persist despite repair efforts.
  • Suspension problems like excessive bouncing or leaning that mechanics cannot fix.
  • Persistent leaks, such as oil or coolant leaks, that mechanics cannot repair 
  • Recurrent warning lights repeatedly appear on the dashboard and cannot be fixed.

These are some common defects that lemon laws may cover. However, the specific defects covered by the law will depend on the specific provisions of the law in each state.

Lemon Duty: Why Manufacturers Should Follow the Laws of the Land

Manufacturers should obey lemon laws because:

  1. It protects consumer rights: Lemon laws are designed to protect the rights of consumers who purchase or lease a vehicle with defects that substantially impair its use, value, or safety.
  2. Ensures fair treatment: By adhering to lemon laws, manufacturers help ensure that consumers are treated fairly and can receive a working vehicle or a refund for their purchase.
  3. Improves brand reputation: By following lemon laws, manufacturers can improve their brand reputation and show that they are committed to producing high-quality vehicles and standing behind their products.
  4. Prevents costly lawsuits: If a manufacturer violates lemon laws, they may face costly lawsuits and negative publicity. Obeying lemon laws helps manufacturers avoid these potential legal and financial consequences.
  5. Promotes customer satisfaction: By following lemon laws and addressing vehicle defects, manufacturers can promote customer satisfaction and maintain a happy relationship with their customers.

In short, manufacturers should obey lemon laws to protect the rights of consumers, ensure fair treatment, improve their brand reputation, prevent costly lawsuits, and promote customer satisfaction.


Herbert Smith Freehills Closes Seoul Office

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The Anglo-Australian law firm has launched a new Korea group – but working from London and Hong Kong . .

Herbert Smith Freehills (HSF), an Anglo-Australian law firm, has announced the launch of a new Korea group and the closure of its Seoul office after a decade of operation. The new Korea group will be led by current Seoul partners Mike McClure and Dana Kim, who will relocate to London and Hong Kong respectively.

HSF stated that its Korea practice had grown significantly over the past ten years, but due to the international nature of its work, clients’ interests would be better served by a new approach.

The Seoul-based team, which includes a counsel, three associates, and support staff, will wind down its physical presence in Seoul this year.

HSF has offered more than half of the office’s 14 people the chance to relocate to other offices in its network, while others will leave the firm.

The new group will provide advice to Korean clients through a new model and will visit Seoul as required by clients and matters.

HSF’s Seoul-based team has worked alongside its Australia Korea practice, which advises Korean businesses on their investment and operations in Australia.

The firm’s clients include KEPCO, Korea Investment Corporation, and steel-making conglomerate POSCO Group. The new group will draw on the knowledge of lawyers across its network, including Lewis McDonald in London and Hilary Lau in Hong Kong.

The closure of HSF’s Seoul office comes a few weeks after partner Phillip Kim left the firm to open an office in Seoul for Watson Farley & Williams, focused on maritime, aviation, energy, and disputes work.

Fellow Anglo-Australian rival Ashurst announced in December that it was to become the first international law firm to practise local law in South Korea after securing a joint venture with domestic firm HwaHyun.

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