Does the California Lemon Law Apply to Business Vehicles in San Bernardino?
Does the California Lemon Law Apply to Business Vehicles in San Bernardino?
California’s lemon law applies to retail purchases of business vehicles if certain conditions are present.
To be covered by California lemon law, a San Bernardino business must own no more than five vehicles, including the suspected lemon. Also, the lemon vehicle must weigh no more than 10,000 pounds on an empty tank (the gross vehicle weight).
If a small business meets these two conditions, the business vehicle may be covered by California’s lemon law.
To prove that it bought a lemon, a San Bernardino small business must show that:
- The vehicle’s defects are covered by the manufacturer’s original warranty or a certified pre-owned (CPO) warranty, not merely an extended or service warranty,
- The defect or defects substantially impair the use, value or safety of the vehicle to the owner
- The manufacturer made a “reasonable” number of attempts to repair the defect, which can be a few as two time
- If the vehicle has been out of service for 30 days, it may not need to be repaired multiple times.
- The vehicle, not any particular defect, was not repaired within a reasonable number or attempts to be free of defects in workmanship and materials.
A “reasonable number” of attempts is based on factors such as the number of times a vehicle has been in the shop, how many days it has been in the shop, and the severity of the vehicle issues.
All days in the shop count toward the thirty-day total, even if they do not occur all at once.
The lemon law covers defects that arise while the vehicle is in regular use. It doesn’t cover defects that occur during abnormally rough use or abuse.
If you suspect your business owns a lemon or are unsure whether California lemon law applies, talk to a San Bernardino county lemon law attorney. A lawyer can help you understand your legal options.
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