California Lemon Law Presumption 101

Purchasing a new vehicle is an exciting venture, but discovering it has persistent defects can be a nightmare. Fortunately, the California Lemon Law provides a safeguard for consumers, offering a pathway to resolution if your vehicle is deemed a “lemon.” A critical component of this law is the “Lemon Law Presumption,” a set of criteria that, when met, presumes your vehicle is a lemon and shifts the burden of proof to the manufacturer. Here’s a detailed look at what this presumption entails and how it applies.

Understanding California's Lemon Law Presumption

The Lemon Law Presumption is essentially a shortcut for consumers. If your vehicle meets specific criteria within a certain timeframe, it’s presumed to be a lemon, making it easier for you to seek remedy under the law. Here are the conditions that generally apply within the vehicle’s warranty period or the first 18 months or 18,000 miles of ownership, whichever comes first:

1. Multiple Repair Attempts:

  • The vehicle must have undergone a reasonable number of repair attempts for the same substantial defect or a series of defects.
  • Generally, this means four or more repair attempts for the same issue.
  •  The defect(s) must significantly impair the vehicle’s use, value, or safety.

2. Serious Safety Defect:

If the defect poses a serious safety risk that could result in death or serious bodily injury when operating the vehicle, the law might presume it’s a lemon after just two repair attempts.

3. Cumulative Days in Service:

If the vehicle has been out of service for repair attempts for a total of 30 or more days, it can also meet the presumption of being a lemon.

The Shift in Burden of Proof

Once a vehicle meets these conditions, the presumption is that it’s a lemon under the California Lemon Law. This presumption is powerful because it shifts the burden of proof to the manufacturer. Instead of you having to prove the vehicle is a lemon, the manufacturer must demonstrate that it isn’t.

  • Warranty Period: These conditions must occur within the vehicle’s warranty period or the specified timeframe of 18 months or 18,000 miles.
  • Documentation: Keeping meticulous records of all repair attempts, days out of service, and communications with the manufacturer or dealership is crucial.
  • Manufacturer’s Response: Even if the presumption criteria are met, the manufacturer might dispute the claim, arguing that the number of attempts was unreasonable, the issue isn’t substantial, or other defenses.

Important Considerations:

Beyond Presumption

It’s important to note that even if a vehicle doesn’t meet the strict criteria of the Lemon Law Presumption, it may still qualify under the broader California Lemon Law. Each case is unique, and other factors can come into play.

Seeking Legal Assistance

The nuances of the California Lemon Law, especially concerning the presumption, can be complex. Consulting with an attorney specializing in lemon law cases is highly advisable. They can evaluate the strengths of your case, guide you through the process, and help determine the best course of action.

The California Lemon Law Presumption is a vital tool for consumers, offering a clear path to resolution if your new vehicle has turned into a persistent headache. Understanding these criteria and how they apply to your situation is the first step toward resolving your lemon law case. Remember, while the presumption can make your case stronger, it’s not the only way to qualify for relief under the law. Whether your vehicle meets the presumption criteria or not, seeking expert legal advice can significantly increase your chances of a favorable outcome.

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