Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[TwoToes]

         3.
            WHO IS COVERED

            The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
         4.
            WHAT IS A NEW MOTOR VEHICLE

            The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.
   2.
      Coverage For Vehicles That Are Not "New"

      Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.

      A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.

      For complete advice concerning your legal rights, you should consult your own attorney.

Resources

National Highway Traffic Safety Administration - Report Vehicle Safety Defects

[grc]

4.
            WHAT IS A NEW MOTOR VEHICLE

            The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.
------------------------------

I believe that covers what JC mentioned.  The commonly thought of definition of "new" is not the definition used in this program.  Basically, if it's still covered under the manufacturer's new car warranty it's considered "new".


Jerry

[TwoToes]

Exactly Jerry, you are correct, but for us CVO owners in California unfortunately the term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles, and we are not covered under the Lemon Law, but ARE COVERED under the express warranty law for warranty repairs.

[JCZ]

4.
            WHAT IS A NEW MOTOR VEHICLE

            The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.
------------------------------

I believe that covers what JC mentioned.  The commonly thought of definition of "new" is not the definition used in this program.  Basically, if it's still covered under the manufacturer's new car warranty it's considered "new".


Jerry

You're right Jerry.  As the lemon law attorney explained to us.....even though we bought a used car, the common misconception is that it applies to "new cars only" when in fact, it applies to cars that are still under the factory warranty, new and used.

[JCZ]

Exactly Jerry, you are correct, but for us CVO owners in California unfortunately the term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles, and we are not covered under the Lemon Law, but ARE COVERED under the express warranty law for warranty repairs.

Do you know why the legislature excluded motorcycles in this?  I can understand why off road vehicles may be excluded but street driven bikes?  Just curious on that?

[skreminegul07]

Motorcycles are covered under the Lemon Law in Mass and NH, but the expected life is only 20000 and 25000 I beleieve.  Which means if they take it back at 10000 miles, you get half the money back for what you used up.