What is considered a reasonable number of repair attempts
will depend on the circumstances including the seriousness of the defect.
For example, one or two repair attempts may be considered reasonable
for serious safety defects such as brake failure, depending on the
exact situation.
A special provision, often called the "Lemon Law," helps determine
what is a reasonable number of repair attempts for problems that substantially
impair the use, value, or safety of the vehicle. The "Lemon Law" applies
to these problems if they arise during the first 18 months after the
consumer received delivery of the vehicle or within the first 18,000
miles on the odometer, whichever occurs first. During the first 18
months or 18,000 miles, the "Lemon Law" presumes that a manufacturer
has had a reasonable number of attempts to repair the vehicle if either
(1) The same problem results in a condition that is likely to cause
death or serious bodily injury if the vehicle is driven and the problem
has been subject to repair two or more times by the manufacturer or
its agents, and the buyer or lessee has at least once directly notified
the manufacturer of the need for the repair of the problem as provided
in the warranty or owner's manual or (2) The same problem has been
subject to repair four or more times by the manufacturer or its agents
and the buyer has at least once directly notified the manufacturer
of the need for the repair of the problem as provided in the warranty
or owner's manual or (3) The vehicle is out of service because of the
repair of any number of problems by the manufacturer or its agents
for a cumulative total of more than 30 days since delivery of the vehicle.
The "Lemon Law" presumption
is a guide, not an absolute rule. A judge or arbitrator can assume
that the manufacturer has had a reasonable number of chances to repair
the vehicle if all of the conditions are met. The manufacturer, however,
has the right to try to prove that it should have the chance to attempt
additional repairs, and the consumer has the right to show that fewer
repair attempts are reasonable under the circumstances.
Be sure to check
your warranty and owner's manual for instructions. You may be required
to directly notify the manufacturer of the problem(s). It is a good
idea to send your written notice to the manufacturer at the address
shown in the warranty or owner's manual by certified mail, return receipt
requested so that you have proof that your letter was received. Keep
a copy of all correspondence.
If the manufacturer maintains a state-certified
arbitration program, the consumer must submit the warranty dispute
to the arbitration program before the consumer can take advantage of
the presumption in court. Arbitration is an alternative to court proceedings.
The consumer may assert the presumption during arbitration. Information
about any arbitration should be described in the warranty or owner's
manual.
Not every manufacturer maintains a state certified
program. You should check with the Department of Consumer Affairs'
Arbitration Certification Program at (800) 952-5210 or on the Internet
at www.dca.ca.gov/acp. You can also ask for the department's free
pamphlet that explains more about arbitration, "Lemon Aid for Consumers."
