Lemon Law Article Not Wholly Accurate

“Debate Grows Over Lemon-Law Changes” (June 27) contained inaccuracies regarding the period now covered by California’s lemon law, as well as regarding changes proposed by SB 289, introduced by Sen. Charles Calderon (D-Whittier).

The lemon law is not currently limited to the first 12 months/12,000 miles, as was stated in the article. It covers the entire original manufacturer’s warranty period. If the manufacturer cannot fix the vehicle to conform to the warranty within a reasonable number of repair attempts, then the manufacturer must replace the vehicle or reimburse the buyer or lessee for its purchase price, whichever the consumer prefers. SB 289 would not change this requirement of the law.

The confusion may have arisen from a provision of the lemon law known as the “presumption,” which may be used by arbitrators or judges as a guideline--but is not a hard-and-fast rule: four or more attempts to repair or correct the same problem, or a vehicle out of service for 30 or more days for any number of problems during the first 12 months or 12,000 miles. Please note that a consumer can seek relief under the lemon law even if he or she does not meet this guideline, and meeting it does not automatically mean that an arbitrator or judge will rule in the consumer’s favor.

SB 289 would increase the presumption guideline to 24 months or 24,000 miles. As indicated above, the period during which consumers may assert their rights under the lemon law would remain the same as it is now--the entire warranty period.

PETER BRIGHTBILL, Chief

Arbitration Review Program

Department of Consumer Affairs

Sacramento