The state of California features a robust lemon law that protects Banning owners of both new and used vehicles that are still covered by the original factory warranty. If you possess a vehicle under warranty which has serious reliability problems, you could qualify for substantial financial relief under the California Lemon Law. In some cases, you may qualify for a replacement vehicle or a refund (minus mileage).
Lemon Law Basics
The California Lemon Law covers any defect that has a substantial effect on the vehicle’s use, value or safety when the car is still covered by the original factory warranty. The problem must be discovered within the first 18 months or 18k miles of your ownership. Even if the vehicle is used when purchased, the lemon law still applies.
If the dealership or manufacturer cannot remedy the reliability problem, California law requires the manufacturer to replace it with a new vehicle that is substantially identical, or to refund you your money. You choose. But the manufacturer has the right to charge you for the mileage you put on the car. If you drove the car for 5,000 miles, the manufacturer could deduct 5% of the original price.
The lemon law states that the manufacturer is allowed several reasonable repair attempts to fix the car before it is called a lemon. Usually, this is defined under the law as four repair attempts. But for a serious problem that affects safety, such as the brakes, they only get two attempts. Additionally, if the vehicle has been in the dealership for at least 30 days, and it still has not been repaired, the car can be deemed a lemon.
It is not unusual for the dealership or manufacturer to argue that your car is not a lemon. The dealer could argue that you abused the car and it is your fault. If the defect is due to owner abuse, then the law does not apply. Or, the dealer could argue that the defect does not fall under the warranty, or they were not given enough chances to fix the problem.
You should expect that if you are trying to get your car declared a lemon in Banning, California, the manufacturer is going to fight it. You may need a Banning lemon law attorney such as Neale & Fhima to fight your case.
You can bolster your case by having on hand the repair records for your vehicle. If you can show on paper that you made many attempts to repair the vehicle, you could have a strong lemon law case.
Once you tell the manufacturer in writing that you intend to make a lemon law claim, they may want to go through the state-certified arbitration program to settle the claim. You can go to arbitration to have the claim settled. As a consumer, you can accept or reject the arbitration decision. But the manufacturer must accept it.
About Banning, California
Banning, California, is located on I-10 in the San Gorgonio Pass in Riverside County. The population is now 29,600. The city was incorporated in 1913 and has a colorful, rich history. Banning first served as a railroad and stagecoach stop between Los Angeles and the Arizona territory. Banning is found by its residents to be a friendly, wholesome place to work and raise families. The city boasts clean air, plenty of water, and lovely, inspiring vistas of Mt. San Jacinto and Mt. San Gorgonio.
The city of Banning has a western neighbor – Beaumont — which shares much of its geographic and regional features. Banning and Beaumont have been expanding rapidly in population and size since the 1990s. Both cities are located 80 miles east of Los Angeles and 30 miles west of Palm Springs. As the economies of these large cities have grown in recent years, more families are moving to Banning to find more affordable living, while still within commuting distance of Los Angeles.