CA Lemon LAw

[Acme Lighting]

I have a 2021 with 24,000 miles 18 months old. Been with Ford Dealer 0ver 90 days. And now they have it again. Anyone have any experience having their Expedition replaced under CA Lemon Law?

 

[ExpyNole]

Why has it been there 90 days?
Waiting on parts?

 

[Acme Lighting]

First is was the Engine fire recall, 59 days, AC/Heater fan, could not figure out how to fix 26 days, now all the warning lights are on, no idea what's wrong 10 days so far

 

[SyndicateZ]

First is was the Engine fire recall, 59 days, AC/Heater fan, could not figure out how to fix 26 days, now all the warning lights are on, no idea what's wrong 10 days so far

Id try to get my money back at this point. sheesh

 

[rd618]

I have a 2021 with 24,000 miles 18 months old. Been with Ford Dealer 0ver 90 days. And now they have it again. Anyone have any experience having their Expedition replaced under CA Lemon Law?

What is the CA lemon law? Do they have a page on it to help explain the ins and outs?

 

[ManUpOrShutUp]

WHAT IF THE MANUFACTURER OR
DEALER CAN’T FIX MY VEHICLE?
A: If the manufacturer or dealer can’t
repair a serious warranty defect in
your vehicle after a “reasonable”
number of attempts, the manufacturer
must either:
• Replace the vehicle.
• Refund its purchase price (whichever
you prefer).


WHAT IS A “REASONABLE” NUMBER
OF REPAIR ATTEMPTS?
A: There is no set number. However, California’s
Lemon Law Presumption contains these
guidelines for determining when a “reasonable”
number of repair attempts have been made:
• The manufacturer or dealer hasn’t fixed the
same problem after four or more attempts.
• Your vehicle’s problems could cause death
or serious bodily injury if it is driven, and the
manufacturer or dealer has made at least
two unsuccessful repair attempts.
• The vehicle has been in the shop for more
than 30 days (not necessarily in a row)
for repair of any problems covered by its
warranty. This is called the Lemon Law
Presumption.

 

[GlennSullivan]

California Lemon Law​

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts.

The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer’s new-vehicle warranty. Full-time active-duty members of the Armed Forces stationed or residing in California at the time of purchase or lease are protected by the Lemon Law even if their vehicles were purchased or registered outside of California. The Lemon Law also applies to used vehicles when they are still under a manufacturer’s new car warranty. Any remaining time left on the warranty protects the car’s new owner.

Under the Lemon Law, the manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts, it cannot repair a problem that:

• Is covered by the manufacturer’s new-vehicle warranty;
• Substantially impairs the use, value, or safety of the vehicle; and
• Is not caused by unauthorized or unreasonable use of the vehicle after sale.

What is considered a “reasonable” number of repair attempts depends on many factors. While the following factors are not required, there is a rebuttable presumption that your vehicle is a lemon if:

• The problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first);
• If required by the warranty or owner’s manual, you notified the manufacturer about the problem; and
• You have taken the vehicle in for repair by the manufacturer or its agents:
  • Four or more times for the same problem and it still is not fixed, or
  • Two or more times for the same problem, if that problem is big enough to cause death or serious injury, and it still is not fixed, or
  • The vehicle has been out of service for repair for more than 30 days (the 30 days do not need to be in a row).

If your vehicle is a lemon, the manufacturer must promptly repurchase or replace it. You have the right to choose a refund instead of a replacement.

Lemon vehicles that are bought back by dealers and then resold must be identified as a “lemon law buyback” and have a “lemon” sticker on their door. When lemon buybacks are not properly disclosed and sold “as is,” the buyer may still have rights under the Lemon Law. For additional information, see Lemon Law Buyback Vehicles.

Even if the Lemon Law does not apply in your case, other state and federal laws may protect you. These include laws that prohibit deceptive practices and require vehicles to meet minimum safety standards. For advice concerning your legal rights, consult an attorney.

Auto Repair Shops​

All auto repair shops must be registered with the California Bureau of Automotive Repair (CBAR). To check if a repair shop is registered or if there has been any disciplinary action taken against it visit the CBAR website or contact them at (800) 952-5210.

By law, a vehicle repair shop must give you a written estimate before it makes any repairs. The repair shop cannot charge you more than the estimate without your permission. Ask if there is a charge for the estimate. After you receive the estimate, feel free to go to another shop for a second opinion.

To report a problem you are having with your repair shop or to file an online complaint, visit the California Bureau of Automotive Repair. CBAR will investigate your complaint and may be able to help you by negotiating with the repair shop on your behalf.

For additional information about auto repair shops and your rights check out "A Consumer's Guide to Auto Repair".

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[69Rustang]

We had a ’12 Expy replaced under the Lemon Law. Document, Document, Document—it was a fight. Ford fought me the entire way. 4 or 5 extended trips to the dealer with no resolution to our problem, then they started telling us there wasn’t a problem with the car, the problem was us. Fortunately my wife caught the problem on camera for our arbitration meeting. The Ford attorney said “you win some, you lose some” after I played the video and my witnesses had presented their statements. I nearly became a GM owner over this.

 

[Acme Lighting]

Thanks for the follow up. I also have a 69 Mach 1, but green. Original owner

 

[Acme Lighting]

What was the problem you caught on camera?

 

[69Rustang]

We had a intermittent transmission problem. Sometimes when you came to a stop, then started to go again the car would start to move, then suddenly your transmission seemed to go into neutral and the engine would just rev freely. Usually you would have to stop the car (now in the middle of an intersection), put it into park, then shift back to drive and it would work again. Sometimes it popped back into gear on its own. My wife used her phone and a phone holder on the drivers window to film the guages and out the windshield. One day she finally caught it. You could hear the engine rev, see the tachometer rev, and see the speedometer slowing down as you could see the truck slowing outside the windshield.
The sad part is it happened at the Ford dealer to one of their techs. He called me and asked me how to get it to do it again. I said I don’t know, that‘s why you have it. I unfortunately failed to get his name—later the dealership denied that event…that is why I said document everything.

 

[69Rustang]

If I recall correctly, to apply for the lemon law, it has to be in the shop for the same issue at least 3 times and/or for an extended period of time without resolution. A quick Google search will give you the basics on CA LL.

 

[Acme Lighting]

Thanks for the follow up.

 

[69Rustang]

These are the two things I would use to get started:
- https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf “Reasonable number of attempts ~4” and 30 days or more in the shop for same issue without resolution. Safety items have a lesser threshold.
- The main site is www.lemonlaw.ca.gov

 

[LegalBrief]

CA State Supreme Court ruled on 11/6/24 that used car buyers are NOT "sold with new car warranty".

This means used car buyers, can't sue under CA lemon law, but they are still entitled to the remaining term of the warranty.

State Supreme Court curbs cases that qualify for lemon law claim

The Daily Journal has more journalists covering the California legal profession than any other publication.

www.dailyjournal.com

 

[5280tunage]

CA State Supreme Court ruled on 11/6/24 that used car buyers are NOT "sold with new car warranty".

This means used car buyers, can't sue under CA lemon law, but they are still entitled to the remaining term of the warranty.

State Supreme Court curbs cases that qualify for lemon law claim

The Daily Journal has more journalists covering the California legal profession than any other publication.

www.dailyjournal.com

so little logic in that. they must have a lot of stock in car companies. If it has a factory warranty, all protections should be transferable. this effectively breaks all CPO purchases out there too.

 

[LegalBrief]

CA State Supreme Court ruled on 11/6/24 that used car buyers are NOT "sold with new car warranty". This means used car buyers, can't sue under CA lemon law, but they are still entitled to the remaining term of the warranty.https://www.dailyjournal.com/articles/381643