How Would the Right-To-Repair Work with California’s Lemon Law?

How Would the Right-To-Repair Work with California’s Lemon Law?

• April 30, 2018
• Categories: Lemon Law

DIYers and independent repair companies in California have been forced to repair complex electronic devices such as iPhones for years without any help from Apple and other major manufacturers. But a proposed law called the California Right to Repair Act could change that, and it may complement the state’s current Lemon Law. It states that manufacturers of vehicles and household goods that sell for more than $100 must provide spare parts for as long as seven years, no matter the warranty status. If you have any legal concerns or questions about the California Right to Repair Act or need assistance with lemon law issues, it’s advisable to consult with a trusted lemon law lawyer.

The proposer of the bill in the state legislator believes the bill would cut down on electronic waste – a serious problem in this tech-heavy state – and would create more small-business repair jobs in California.

California has become the 18^th state to introduce this type of legislation in recent years. Right-to-repair supporters say electronic manufacturers in the past 20 years have purposely not provided repair manuals. They also allegedly have made it harder to find electronic parts to do repairs; companies such as Apple typically use customized parts that cannot be found on the aftermarket.

The Lemon Law and the Right-to-Repair Proposal

At Neale & Fhima, our Lemon Law attorneys hope the proposed Right to Repair Act will be written in such a way that complements and does not harm the current Lemon Law in California. The Lemon Law is very important in protecting California consumers from dangerous vehicles under warranty that have not been able to be repaired after several attempts.

There is no set number of reasonable repair attempts under the California Lemon Law, but these are the guidelines noted in the statute:

• The dealer or manufacturer has made, at minimum, two attempts to repair the warranty problem that could cause death or serious injury if the vehicle is driven. In cases of such severe defects, it’s crucial to consult with a wrongful death lawyer to understand your legal rights and options.
• The dealer or manufacturer has made four or more attempts to repair the same problem under warranty.
• The car, which might also be of concern to a car accident lawyer given certain circumstances, has been out-of-service at the dealership for more than 30 days while being repaired for various warranty issues.
• The problems are covered by the original manufacturer’s warranty, and they reduce the value, use or safety of the vehicle.

If the above criteria are met, the state Lemon Law presumes you are entitled to a refund or replacement vehicle. But note: This presumption can be rebutted by the manufacturer. It may present evidence that the above criteria were not met. For example, the auto manufacturer may argue that the problem under warranty is ‘minor’ and does not affect the vehicle’s value, usability or safety.

Because the manufacturer can rebut your Lemon Law claim, it is important to be represented by an experienced California Lemon Law attorney.

Neale & Fhima Lemon Law Attorneys Are Here to Help

Are you hassled by constant repairs to the same system or component on your vehicle still under warranty? You may have a lemon law claim against the vehicle manufacturer. Neale & Fhima is not only an experienced lemon law firm but also proficient as a vehicle accident lawyer. Serving southern California customers for many years, they have a long, successful track record. If you require legal advice about a possible lemon vehicle, please contact our offices in Orange County today for a complimentary consultation.