Consumers often wonder how bad the problems with a vehicle need to be in order for the California lemon law to apply. In a nutshell, the problem must significantly weaken the value, use or safety of the vehicle. When determining what qualifies as a defect to the average person, a consumer can reflect on the following:
- whether past repair attempts have been successful,
- the cost and length of time for repair,
- the degree to which the vehicle could be used while awaiting repair,
- the availability and cost of comparable transportation during the repairs, and more.
According to an OC Register article, a man received $29,000 from Toyota after a lengthy dispute over a vehicle he claimed was a lemon. According to the article, the man bought his Toyota Tundra for about $35,000 and was not satisfied with the “odd” sound of its 5.7-liter V8 engine. This case is unique; however, the sound did not seem to affect the truck’s performance. In addition, the owner stated that the truck did not sound problematic when he took it for a test-drive and the General Manager at the dealership would have purchased the truck back from the owner, had it not been damaged in a minor collision. Nevertheless, despite his lemon law arbitration in 2007 when the arbitrator determined that the truck was “operating as designed”, the man parked his vehicle in front of the dealership and advertised that he had been sold a lemon.
As this case demonstrates, some individuals will go to great lengths to prove that their vehicle is a lemon. However, you may want to consider contacting a lemon law attorney in California with substantial experience handling lemon law cases instead of taking such drastic measures. Get in touch with Howard D. Silver if you believe that you’ve been sold a lemon vehicle. Howard D. Silver will inform you of your rights under the California lemon law. Call 855-341-2611 today to schedule a free consultation.