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Commercial vehicles are essential for deliveries, transporting clients, or providing services for many California businesses. Having reliable vehicles is a crucial aspect of commercial success. When a commercial vehicle turns out to be a defective lemon, it can disrupt a business’s productivity and cause financial strain. Business owners who purchase a lemon can pursue a replacement vehicle or a refund under California’s lemon law.
Does the Lemon Law Apply to Commercial Vehicles?
The stakes are high for businesses relying on commercial vehicles, including trucks, vans, or other specialized vehicles. A defect in a commercial vehicle can lead to delayed deliveries, lost customers, increased operational costs, and damaged reputations. Knowing your rights and the process for making a lemon law claim is crucial for protecting your investments.
Lemon laws protect consumers from vehicles that fail to meet quality and performance standards. In California, the Song-Beverly Consumer Warranty Act (“Lemon Law”) provides legal protection for individual consumers and businesses that purchase or lease commercial vehicles. Suppose a commercial vehicle is defective and cannot be repaired after a reasonable number of attempts or has been out of service for a significant amount of time. In that case, the owner may be entitled to a replacement vehicle of a similar value or a refund.
Criteria for Filing a Lemon Law Claim in California
A commercial vehicle must meet specific criteria to qualify for lemon law protection in California.
The vehicle must have a defect that substantially impairs its use, safety, or value. This can include serious mechanical failures, persistent electrical issues, or significant safety concerns. The vehicle must be covered under a manufacturer’s or dealer’s warranty when the defect is discovered. The vehicle owner must also allow the manufacturer or dealer a reasonable opportunity to fix the defect. No specific amount of repair time is mentioned in the Lemon law. Still, generally, this involves at least two unsuccessful repair attempts for the same issue or being out of service for more than 30 days due to repairs.
Additional Requirements for Commercial Vehicles
Commercial vehicles need to meet additional requirements under California’s lemon law. They must primarily be used for business purposes, which can include commercial trucks, vans, or any necessary vehicle for operations. The vehicle must have been purchased in California. The business that owns the vehicle can’t have more than five vehicles registered in its name.
The vehicle’s “gross vehicle weight” cannot exceed 10,000 pounds. Gross weight refers to the vehicle’s actual weight, not the capacity the vehicle is designed to carry when fully loaded. The 10,000-pound weight limit covers smaller sedans and trucks used by some businesses.
How CA’s Lemon Law Protects Businesses
When a commercial vehicle qualifies as a lemon, business owners have several options for compensation. Depending on the specific type of defect, the business may be entitled to a replacement vehicle that meets the original specifications or a refund of the purchase price minus a reasonable usage fee for the time the vehicle was operational.
Suppose you suspect your commercial vehicle might be a lemon. In that case, you’ll benefit from keeping detailed records of all repairs, including dates, services performed, and any communication with the dealership or manufacturer. Document the impact of the vehicle’s defects on your business operations, such as lost contracts or delayed services. You’ll need to notify the manufacturer or dealer about the defect and give them a reasonable amount of time to repair it.
If the defects persist after reasonable repair attempts, you’ll benefit from hiring an attorney who can help you file a lemon law claim. The claims process may involve arbitration or formal legal action depending on the circumstances.
Contact a Lemon Law Attorney in California
If you have purchased or leased a defective commercial vehicle, don’t hesitate to seek legal assistance. The Lemon Firm is dedicated to helping business owners navigate the complexities of California’s lemon law. Fill out our contact form or call 833-Lemon-Firm for a free consultation, and let our experienced team work with you to resolve your vehicle issues effectively.