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Manufacturer Replacements
If you purchased a lemon in California, according to stipulations spelled out in the Tanner Consumer Protection Act, you may be entitled to either a manufacturer replacement or refund under the law. Here are the essential differences between these two kinds of compensation.
Replacement
You select a vehicle similar to the lemon you purchased. You need to return your old car, and the manufacturer should supply you with a new car from it's own stock.
Refund
If you opt for the refund option, likewise, you must return the old vehicle. As explained in our section about the California lemon law usage fee, the manufacturer can exact a usage fee based on how many miles you driven the vehicle before you made your first defect repair attempt. Your refund can include compensation for:
- loan or lease payoff
- monthly payments you made
- down payment
- licensing fees
- registration fees
- taxes paid
- costs of repair, towing, and rentals you needed while you awaited servicing
To qualify as actionable under the Californian Lemon Law, a defect or nonconformity must substantially impair the value, safety, or use of your vehicle. For instance, if you have a problematic transmission that does not respond after a reasonable number of repair attempts, your car would likely be deemed a lemon.
To determine whether a defect meets the threshold of "substantial impairment" for the safety, value, or use of the vehicle, consider the following factors:
- The amount of time and cost necessary for the repair
- Whether attempts in the past to repair the vehicle have worked
- The nature of the defect
- The degree to which you could use the car while waiting for the repair to be done
Not every defect will be deemed substantial. If your air conditioner is slightly underpowered to your taste, this may not be seen as substantial enough to merit a lemon law replacement.
Contact a Lemon Law Replacement Attorney in California
To navigate your options and get fair and prompt redress, connect with the Law Offices of Howard D. Silver at 1-866-49-LEMON. Howard Silver has a 95% success rate and has been practicing for decades, helping consumers like you get results. Browse this lemon law website for more information, fill out our online contact form, or call our California lemon law buyback attorneys today for a free consultation.