California’s Lemon Law protects consumers and businesses that own or lease vehicles that are under warranty and cannot be repaired. The law requires manufacturers to buy back or replace qualifying vehicles and to compensate the owner for losses associated with the vehicle.
While often thought of as applying to personal vehicles, the Song-Beverly Consumer Warranty Act also applies to commercial motor vehicles with a gross vehicle weight under 10,000 pounds that have been used primarily for business purposes by a business with no more than five motor vehicles registered in California.
If you are dealing with a business vehicle under warranty and registered in California that has proven faulty after multiple repair attempts, The Barry Law Firm can help you pursue a Lemon Law claim. In addition to buying the vehicle back from you, the manufacturer may be required to repay you for taxes, license fees, registration fees, and other fees paid for a defective commercial vehicle.
Contact The Barry Law Firm today for help applying the California Lemon Law to deal with a problem commercial vehicle at no cost to you.
Requirements To Qualify Under Commercial Vehicle Lemon Law
Under the California Lemon Law, a motor vehicle is defective if, after a reasonable number of repair attempts, mechanics cannot resolve a problem that:
- Is covered by the manufacturer’s warranty,
- Substantially impairs the use, value, or safety of the vehicle,
- Is not caused by unauthorized or unreasonable use of the vehicle.
An individual or business may seek to compel the vehicle’s manufacturer to buy the vehicle back, repaying all costs sunk into the lemon. The manufacturer may also be ordered to pay the consumer’s related damages, such as towing fees and other expenses related to the lemon vehicle’s failure.
The California Lemon Law applies to:
A new motor vehicle with a gross vehicle weight under 10,000 pounds that is used primarily for commercial purposes by a business, to which no more than five motor vehicles are registered in this state.
Defects that may fall under Lemon Law protection include:
- Engine problems
- Transmission problems
- Electrical malfunctions
- Brake system failures
- Steering system issues
- Fuel system problems
Repair Attempts
The California Lemon Law states that a motor vehicle is a lemon if:
- The vehicle’s problem is covered by the manufacturer’s warranty
- The problem reduces the use, value, or safety of the vehicle and was not caused by abuse
- The manufacturer, typically through a dealership, has made a reasonable number of attempts to repair the problem without success.
A reasonable number of repairs can vary from case to case. If the defect poses a significant danger, under California Lemon Law, two or more attempts to fix the problem are typically considered reasonable. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, if your vehicle is out of service for an inordinate amount of time your vehicle may automatically qualify as a lemon.
Remedies Available Under the Lemon Law
If a commercial vehicle qualifies as a lemon, the owner or lessee has the right to demand:
- Buyback: In a Lemon Law buyback, the manufacturer must refund the purchase price of the vehicle minus a reasonable amount for mileage since the purchase date and pay off the balance of loans or leases on the vehicle. The individual or business may also recover collateral costs of buying or leasing the faulty vehicle, such as sales or use taxes, license fees, registration fees, and other official fees.
- Reimbursement of Expenses: A successful Lemon Law claim can also recover incidental costs, such as repairs, towing, and the cost of rental vehicles.
The Lemon Law Claim Process for Commercial Vehicles
After you have exhausted attempts to repair a faulty commercial vehicle, you should talk with an experienced Lemon Law attorney about pursuing a Lemon Law lawsuit against the vehicle’s manufacturer. The manufacturer’s sales agreement or warranty may require you to take certain other steps, such as filing a formal complaint as prescribed by the manufacturer.
After you have met all such requirements and assuming the manufacturer does not meet your demands, you can file a lawsuit. A lawsuit would document your vehicle’s problems, your repair attempts, your costs, and your demands for relief.
The Barry Law Firm can help determine whether you have a Lemon Law claim. If you engage us to handle your case, we will follow the law’s requirements for pursuing relief for you. The goal is to recover all of the compensation available to you in a California Lemon Law claim.
A California Lemon Law Attorney Can Help You
If your business is dealing with a faulty commercial vehicle under warranty that has defied multiple repair attempts, we can help you recover the money you have sunk into this lemon. The California Lemon Law attorneys of The Barry Law Firm handle claims for free at no charge to the client. California law requires the faulty vehicle’s manufacturer to pay your legal fees after a successful claim.
Contact us now for a FAST and FREE consultation about recovering the money you have spent on a lemon vehicle.