Q.
I bought a new car six months ago and now I have a problem with the car engine stalling.
I have taken it to the dealership several times, but after a while of repairs, the same problem occurs again and again.
Isn't there any solution?
A.
There are several reasons to buy or lease a new car instead of a used one, but
one of the biggest reasons is that they are less likely to break down and are more reliable.
However, if you have a problem with your new car shortly after purchasing it, and the same problem keeps occurring even after repairs,
it can be quite a headache.
In California , there is a system that allows you to exchange your car for another car or get a refund if your car has a problem and needs repeated repairs during the warranty period, provided certain conditions are met.
The Tanner Consumer Protection Act, or more commonly known as the Lemon Law.
If you have purchased a new car and are having ongoing problems with it,
it is important to determine whether the problem falls under the scope of the Lemon Law.
How many repairs must be made before the Lemon Law applies?
First, if a problem occurs during the warranty period of the vehicle you purchased, the conditions for the Lemon Law to be applied are as follows:
the vehicle dealership or repair shop must repair the items covered by the vehicle warranty a certain number of times and
prove that the repairs were ultimately unsuccessful.
(Of course, problems caused by the user's negligence are not subject to the Lemon Law under any circumstances.)
As mentioned above, if a problem occurs with the vehicle within the warranty period, the conditions for applying the Lemon Law are somewhat ambiguous.
However, if a problem occurs within 18 months after delivery of the vehicle and the vehicle has driven less than 18,000 miles,
the Lemon Law is definitely applicable.
Specifically, we will consider that sufficient repair attempts have been made if the following conditions are met:
- If you have attempted to repair the same problem more than 4 times and it has not been fixed.
- In the event of a problem that could result in serious injury or death while driving the vehicle,
- If repairs are attempted more than twice and are not successful.
- If the vehicle is kept in a repair shop for more than 30 days and cannot be repaired due to a problem covered by the vehicle warranty.
Therefore, if you can prove that the type of failure that occurred in your vehicle could have caused more serious injuries, you
may be able to obtain Lemon Law coverage in a shorter period of time.
Can I choose to exchange or refund as I wish?
Yes. However, if you receive a refund, you will receive a refund equal to the mileage you have driven the vehicle up to the time of the first repair, minus the total purchase price, assuming the vehicle has a lifespan of 120,000 miles.
For example, if you bought a car for $25,000 and it first started having issues after 12,000 miles,
your refund would be:
$25,000 (total purchase price) x 12,000 miles (mileage when first repair was requested) / 120,000 miles = $2,500. In other words,
you would receive a refund of $25,000 minus $2,500,
for a total of $22,500 plus registration and taxes, etc.
In your case, after only 6 months of purchasing the car (assuming it had been driven less than 18,000 miles),
the car started to stall while driving, and despite 2 attempts to repair the car at the dealership, it was not fixed.
Since this is a problem that can cause serious injury, it is expected that the Lemon Law will be applied. Therefore, if you prepare
documents that can prove the purchase price of the vehicle, vehicle warranty, repair estimates, and other documents such as letters exchanged with the manufacturer or repair shop , and then request the application of the Lemon Law to the automobile company
(you can get help from a professional attorney in this process), you will be able to receive an exchange or refund for the vehicle.
Q.
I bought a new car six months ago and now I have a problem with the car engine stalling.
I have taken it to the dealership several times, but after a while of repairs, the same problem occurs again and again.
Isn't there any solution?
A.
There are several reasons to buy or lease a new car instead of a used one, but
one of the biggest reasons is that they are less likely to break down and are more reliable.
However, if you have a problem with your new car shortly after purchasing it, and the same problem keeps occurring even after repairs,
it can be quite a headache.
In California , there is a system that allows you to exchange your car for another car or get a refund if your car has a problem and needs repeated repairs during the warranty period, provided certain conditions are met.
The Tanner Consumer Protection Act, or more commonly known as the Lemon Law.
If you have purchased a new car and are having ongoing problems with it,
it is important to determine whether the problem falls under the scope of the Lemon Law.
How many repairs must be made before the Lemon Law applies?
First, if a problem occurs during the warranty period of the vehicle you purchased, the conditions for the Lemon Law to be applied are as follows:
the vehicle dealership or repair shop must repair the items covered by the vehicle warranty a certain number of times and
prove that the repairs were ultimately unsuccessful.
(Of course, problems caused by the user's negligence are not subject to the Lemon Law under any circumstances.)
As mentioned above, if a problem occurs with the vehicle within the warranty period, the conditions for applying the Lemon Law are somewhat ambiguous.
However, if a problem occurs within 18 months after delivery of the vehicle and the vehicle has driven less than 18,000 miles,
the Lemon Law is definitely applicable.
Specifically, we will consider that sufficient repair attempts have been made if the following conditions are met:
Therefore, if you can prove that the type of failure that occurred in your vehicle could have caused more serious injuries, you
may be able to obtain Lemon Law coverage in a shorter period of time.
Can I choose to exchange or refund as I wish?
Yes. However, if you receive a refund, you will receive a refund equal to the mileage you have driven the vehicle up to the time of the first repair, minus the total purchase price, assuming the vehicle has a lifespan of 120,000 miles.
For example, if you bought a car for $25,000 and it first started having issues after 12,000 miles,
your refund would be:
$25,000 (total purchase price) x 12,000 miles (mileage when first repair was requested) / 120,000 miles = $2,500. In other words,
you would receive a refund of $25,000 minus $2,500,
for a total of $22,500 plus registration and taxes, etc.
In your case, after only 6 months of purchasing the car (assuming it had been driven less than 18,000 miles),
the car started to stall while driving, and despite 2 attempts to repair the car at the dealership, it was not fixed.
Since this is a problem that can cause serious injury, it is expected that the Lemon Law will be applied. Therefore, if you prepare
documents that can prove the purchase price of the vehicle, vehicle warranty, repair estimates, and other documents such as letters exchanged with the manufacturer or repair shop , and then request the application of the Lemon Law to the automobile company
(you can get help from a professional attorney in this process), you will be able to receive an exchange or refund for the vehicle.