Rexburg, ID asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California

Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and businesses, but, the vehicle must be something that "could" be used for consumer purposes. Ultimately, since LL is Warranty Law, if you can prove a breach of warranty, you can bring a claim but not necessarily under THE LL instead, under the CA commercial code. Good luck with it.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the lemon law primarily applies to passenger vehicles, but there are provisions that can apply to commercial vehicles, including used commercial trucks, under certain circumstances. For a used commercial truck to be considered a lemon, it must have been purchased with a warranty, and the defects encountered must be significant enough to impair its use, value, or safety. These defects must have occurred during the warranty period and despite reasonable attempts to repair them.

For your 2019 truck, if it was under warranty when you purchased it and you've had continuous issues that have significantly impacted its use for work, you might have grounds for a claim under California's lemon law. The key factors would include the warranty coverage at the time of purchase, the nature of the repairs, and the number of attempts made to fix the issues.

To pursue a lemon law claim, it's advisable to gather all relevant documentation, including the purchase contract, warranty information, repair orders, and records of communication with the seller or manufacturer. Consulting with an attorney experienced in lemon law and consumer protection can provide you with a clear understanding of your rights and the feasibility of your claim. They can also guide you through the process of potentially seeking a refund or replacement for your truck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.