If you bought or leased a truck with a warranty and for personal use, that truck falls under the California Lemon Law. If you bought or leased it for business, it is still covered provided:
- The gross weight of the truck is less than 10,000 pounds.
- The business has five or fewer vehicles registered in its name in California.
Like cars, trucks that fall under the Lemon Law are considered ‘lemons’ if they have a substantial defect that impairs their “use, value, or safety” and multiple attempts to fix it have failed.
Another myth: four is the magic number of trips to the service bay to automatically qualify as a lemon. There is no number, magic or otherwise. Two times may suffice if the problem is a serious safety issue. Brakes, stalling in the middle of the highway for no reason, anything that puts the driver and passengers in danger. Other defects may require more visits, there is no formula.
The truck could also qualify as a lemon if it has been in the shop for an excessive number of days – even if the repairs were for different issues.
In fact, in the first 18 months or 18,000 miles (whichever comes first) if the defect has not been resolved despite your best efforts or there have been a series of problems that seems to be unending, the truck is presumed to be a lemon. In that case, it’s up to the manufacturers to prove it’s not.
If your truck qualifies as a lemon, remedies under the Lemon Law may include:
- A complete purchase refund (including the down payment, and financing costs) AND having the full balance of your loan/lease paid off in full.
- OR a replacement vehicle.
In addition, regardless of the solution, the manufacturer is responsible for attorney’s fees, costs, and expenses. The consumer pays nothing.
The process starts with you, the truck owner/lessee. Nothing can happen without documentation. You are the only person who can compile that information.
You need to put together every invoice, receipt, service slip. Document every phone call – time date, who you talked to, their title.
While you are doing this, take a moment and call us at Gayle Law Group PC.
What not to do? Don’t listen to dealers, salespeople, managers, or manufacturer reps when they – and they will – explain any aspect of the Lemon Law. They’re not lawyers. They are, in fact, potential defendants in a lawsuit.
If you think you have a lemon, or your vehicle is headed that way, call the Gayle Law Group, PC for a Free Consultation. We are experienced California Lemon Law attorneys who will help you get any compensation you may deserve. You will be treated with respect and your case will be taken seriously, no matter what the issue.