Lemon Law Definitions

  • Auto Check:  Provides a vehicle history report with the use of a Vehicle Identification Number, including, but not limited to whether a vehicle has been involved in an accident, reported stolen, salvaged title, a lemon law buyback, whether the vehicle’s odometer is known to be accurate or not, whether the vehicle was a rental or a fleet vehicle, etc.
  • As Is: A car being sold “as is” usually means there is no express or implied warranty – the seller has no responsible for any kind of repairs, no matter the condition of the vehicle , other than legalities involving fraud or misrepresentation.
  • Arbitration: Arbitration refers to a legal process through the consumer has the option of using in an attempt to resolve a lemon law case. The arbitrator’s decision will not be binding for the consumer.
  • CarFax Report: Provides a vehicle history report with the use of a Vehicle Identification Number, including, but not limited to whether a vehicle has been involved in an accident, reported stolen, salvaged title, a lemon law buyback, whether the vehicle’s odometer is known to be accurate or not, whether the vehicle was a rental or a fleet vehicle, etc.
  • CLRA:  The Consumer Legal Remedies Act.  California Civil Code Sections 1750, et. seq.  Enacted in 1970 to provide protection for millions of consumers in the State of California from deceptive advertising and unlawful business practices in the sale or lease of goods or services for personal, family or household use.
  • Demand Letter To Manufacturer: This is a demand in writing to the manufacturer describing the vehicle and its defects, as well as the efforts that have been made to get the problems repaired by an authorized repair facility.
  • Express Warranty: This is a written warranty that is issued by the manufacturer or seller. Certain provisions and promises are included in the express warranty in relation to the condition of the vehicle, fitness to be used, and what repairs the manufacturer is responsible for.
  • Implied Warranty: There are two kinds of implied warranties, namely, that the item sold is merchantable and fit for the purpose intended.  These warranties arise by operation of law and are in addition to any express warranties that are provided at the time of sale.
  • Incidental Charges: This refers to whatever acceptable costs the consumer is facing as a direct result of the defects of the vehicle.  Incidental charges include vehicle rentals, towing charges, and other “out of pocket” expenses that are related to the defective vehicle.  Loss of income or use, and any personal injury claims are not considered incidental charges.Lemon Laws: Most states have Lemon Laws that provide consumer with protection if his/her vehicle cannot be repaired in a reasonable number of attempts.  The Lemon Laws provide the consumer with remedies that may include a refund, replacement or cash compensation.
  • Lemon Law Experts:  The lemon law attorneys at Consumer Law Experts, PC who specialize in lemon law claims, and who are the best option when it comes to choosing a lemon law firm.
  • Powertrain Warranty: This covers the cost of all parts and labor that are needed to repair the powertrain components, namely, the engine, transmission and drive systems.
  • Song-Beverly Consumer Warranty Act: California’s Lemon Laws.  California Civil Code Sections 1790 – 1795.8.
  • Magnuson Moss Warranty Act: This is a Federal consumer protection statute.
  • Mediation: This is an informal procedure for the resolution of a dispute through a neutral third party. It is a vilunatry process that is agreed to by both parties.
  • Reasonable Number Of Repair Attempts: In most states the law defines, and counts “repair attempts” as the times you have taken your vehicle to the manufacturer’s authorized repair facility, without regard to whether the repair facility attempts to verify or fix the problem. In California, two repair attempts for a substantial safety issue is deemed “reasonable,” and four or more repair attempts for a non-substantial safety issue is deemed reasonable.
  • Repair Order: This is the document that is prepared by the repair facility or service department when all the work on your vehicle has been completed. Be sure to keep this document for your personal records as it is often times more detailed than your original work order.
  • Replacement Vehicle: If your vehicle is considered a lemon, consumers in California and some other states have the option of accepting a replacement vehicle that is substantially identical to the vehicle that was originally purchased or leased.
  • Safety Defect or Safety Non Conformity: This refers to a manufacturing defect that is life threatening or that can cause severe bodily injury. Examples of these defects are failures of either the braking or steering system.
  • Service Contracts (aka Extended Warranties): Most extended warranties or service contracts are considered to be basic insurance policies. The consumer is paying an additional amount to a seller or third party for protection against any defects that are not covered by the implied or express warranties. Be aware, though, that these contracts are NOT the same as manufacturers warranties, and they will not apply to, or extend any of your rights, under California’s Lemon Laws statues.
  • Substantial Non Conformity: This refers to a manufacturing defect that will impair the use, safety, or the value of a vehicle.
  • The Uniform Commercial Code (UCC): The Uniform Commercial Code is a collective of state warranty laws which, in addition to all your rights under the federal Magnuson Moss Warranty Act and your state Lemon Laws, can be used when you are dealing with either the manufacturer or dealer in limited circumstances.
  • TSB (Technical Service Bulletin): This is a bulletin manufacturers regularly issue to their dealers and service departments that alert them to a problem that is being commonly found in vehicles that are of the same type and make. Be sure to ask the service technician, when you first bring your vehicle in for repairs, it they have received any TSB’s from the manufacturer that relate to your vehicle’s problem(s).
  • VIN (Vehicle Identification Number): This number is from the manufacturer and will be stamped on your vehicle’s door and listed on the title. This number should also be noted on each and every repair order.
  • Work Order: This is the first document you will receive from either the service technician or service representative for the dealership when you present the vehicle for repairs. Always make sure you check your work order to be sure the date, odometer mileage, and most importantly, the problems you are having with the vehicle are described correctly.

The Lemon Law Experts specialize in Lemon Law throughout the states of California, Nevada, New York, Illinois and Virginia.

In California, our lemon law attorneys specialize in lemon law in the following Metropolitan areas:

Bakersfield, Chico, El Centro, Fresno, Hanford, Corcoran, Los Angeles, Long Beach, Glendale, Madera, Modesto, Merced, Napa, Oakland, Fremont, Hayward, Oxnard, Thousand Oaks, Ventura, Redding, Riverside, San Bernardino, Ontario, Sacramento, Arden, Arcade, Roseville, Salinas, San Diego, Carlsbad, San Marcos, San Francisco, San Mateo, Redwood City, San Jose, Sunnyvale, Santa Clara, San Luis Obispo, Paso Robles, Santa Ana, Anaheim, Irvine, Santa Barbara, Santa Maria, Goleta, Santa Cruz, Watsonville, Santa Rosa, Petaluma, Stockton, Vallejo, Fairfield, Visalia, Porterville, Yuba City