What Defects Don’t Qualify a Car as a Lemon?

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This is the final part of a four-part blog series about determining if your vehicle qualifies as a lemon under California law. Please read the previous entries for further information on California Lemon Law.

There are a large variety of defects that can occur with a motor vehicle. While some defects can cause a dangerous accident or seriously affect the use, value, or safety of a car, others are often viewed as minor annoyances. Under the Song-Beverley Consumer Warranty Act, if the defect does not seriously impact the use, value or safety of a vehicle it is not a lemon.

Recurring defects that may not be serious enough for lemon law protection include:

  • Recurring Noises: Minor squeaks and rattles are usually seen as a nuisance only.
  • Smells: Unpleasant smells can be serious enough to qualify for lemon law protection. However, minor smells or smells that affect only a hyper sensitive consumer probably do not qualify for protection.
  • Air Conditioning Problems: While some problems can qualify for lemon law protection, others, due to consumer oversensitivity or unique requirements (extremely hot or extremely cold temperatures) do not qualify.

These and other non-lemon conditions are often seen as dependant on the personal opinion of the consumer and not as objective defects. In deciding whether the defect in your case warrants lemon law protection, evaluate your situation from the perspective of a reasonable person or average consumer and ask yourself, is the problem serious enough to justify receiving your money back or a replacement vehicle.

For experienced lemon law legal representation, call Los Angeles new car lemon lawyer Howard D. Silver at (866) 49-LEMON.

 
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