HOME: California Lemon Law Glossary

The "California Lemon Law Glossary" is a tool for users of this site to understand terms relating to "California Lemon Law."

Arbitration:  is an informal legal process that consumers may use to obtain a resolution of their lemon law case. The decision of the arbitrator is not legally binding on the consumer, but it is binding on the manufacturer. It is a dangerous tool to use, however, because a decision against the consumer may be used by the manufacturer in any future legal proceeding, and that decision has the same weight as if made by a judge in a court of law, even though the arbitrator may have no legal experience or automotive expertise. Note too, that in California arbitration is not a prerequisite for filing a lemon law claim nor for filing a lawsuit against a manufacturer. And don't let the dealer tell you otherwise. Finally, before resorting to arbitration, ask yourself "Who is paying for the arbitration?

Brief: A concise statement of an issue in a lawsuit written for, or at, the instruction of the court.  It is usually a formal written presentation of an argument that sets forth the main points with supporting precedents and evidence or points of law. The form of the brief is determined by the procedural rules of that court or jurisdiction.

Consumer Legal Remedies Act (CLRA): California Civil Code section 1750 et seq. A California act to protect consumers against unfair and deceptive business practices and to provide efficient and economical procedures to secure such protection

Collateral Charges: Dealer's additional charges to a consumer incurred as a result of the acquisition of a vehicle. They usually include, but are not limited to, charges for manufacturer-installed or agent-installed items; earned finance charges; use taxes; and title charges.

Defendant: The party against whom a legal action is brought, for example, the automotive manufacturer in a lemon law case.

Demand Letter to Manufacturer: A written statement sent to the manufacturer describing the motor vehicle, its defects, and the attempts made to repair such defect(s) by the manufacturer's authorized repair facility.

Deposition: An oral examination made under oath and penalty of perjury addressed to a party or witness and which is recorded by a court reporter.

Express Warranty: A written warranty, issued by the manufacturer of a new motor vehicle. The express warranty provides certain promises concerning the vehicle's condition, fitness for use, and the manufacturer's obligations to repair the vehicle, including any terms or conditions under that warranty.

Incidental Charges: These are reasonable costs which may have been incurred by the consumer as a result of the vehicle's defect(s). These may include towing charges, car rentals, and other related out of pocket expense, but do not include loss of use, loss of income, or personal injury claims.

Lemon Laws: The lemon laws of most states provide that a new car, and in California and some other states also a used car, if it was purchased with the original, manufacturer's new car warranty still in effect, may be returned to the manufacturer for a refund or a replacement if the vehicle has substantial manufacturing defects which have not been repaired within a reasonable number of attempts (two attempts if safety related, otherwise four) by the manufacturer's authorized repair facility, or if the vehicle is out of service at an authorized repair facility for more than 30 days within the first 18 months of 18,000 miles, whichever comes first.

Magnuson-Moss: The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. It affects both the rights of consumers and the obligations of warrantors under written warranties.

Mediation: An inexpensive, informal procedure for dispute resolution offered by some manufacturers. It does not require that you hire a lawyer nor that you go through the court system. Both parties must agree to use the resolution process and while it is a flexible procedure allowing for more creative settlements, it may be less effective in getting a manufacturer to agree to a refund or replacement vehicle.

New Motor Vehicle: The term ""new motor vehicle"" includes new motor vehicles, demonstrators, the chassis and propulsion system of a new motor home, motorcycles, and any other motor vehicle sold with a manufacturer's new car warranty, but does not include exclusively off-road vehicles. A two-year old used car sold with remaining portion of a manufacturer's new car warranty is also treated as a new motor vehicle.

Odometer Rollback: If a more recent odometer reading is less than an older reading, then the odometer may have been "rolled back." This is usually an indicator of odometer fraud.

Plaintiff: The party that institutes a law suit in a court.

Reasonable Number of Repair Attempts: Most state laws count "repair attempts" as occasions when the consumer makes the vehicle available to a manufacturer's authorized repair facility regardless of whether the dealer verifies the substantial manufacturing defect or makes an attempt to repair it. In California, if they within 18 months or 18,000 miles from the date of first delivery, whichever comes first two safety related repair attempts for a defect which may cause death or serious bodily injury, if unsuccessful may be reasonable. Non safety related defects require four or more unsuccessful attempts of a substantial manufacturing defect to establish a reasonable number of attempts, or 30 days out of service for any combination of repairs.

Repair Order: The Repair Order is usually the final document prepared by the service department cashier after work has been completed on your vehicle. This document is usually more comprehensive than the original work order and should be retained by you for your records.

Repair Order Log: Click here to view and print a Repair Order Log (courtsey of: http://www.californialemonlawrepairorderlog.com ). This log for your convenience will help you to summarize your concerns, problems, and repairs.

Safety Defect or Safety Non Conformity: This is a manufacturing defect which creates a risk of a life-threatening malfunction,  such as steering or brake system failures.

Service Contracts (Extended Warranties): Service contracts and extended warranties are basically insurance policies. The consumer pays an additional amount to the seller or a third party for protection against defects beyond those that are covered by the manufacturer's express and implied warranties. Such contracts are not, however, manufacturer's warranties do not extend your rights under California's Lemon Law statutes. The manufacturer is not required to reimburse you for these contracts if the vehicle is repurchased, but the full or partial premium may be separately recovered from the seller of the contract upon cancellation.

Substantial Non-Conformity: A manufacturing defect that significantly impairs the safety, use, or value of a vehicle. Whether a defect is substantial is a decision for the arbitrator, judge, or jury, but minor or cosmetic problems are not considered to be substantial defects.

Technical Service Bulletin (TSB): Is a bulletin issued by the manufacturer to its dealers and service departments, usually pertaining to a common problem found in its vehicles. When
bringing your vehicle in for repairs, ask the service technician if the manufacturer has issued any TSB's relating to your vehicle model for the same or similar problem that you are complaining of.  Click here to check recently issued TSBs. http://www.lemonlawspecialists.com/tsb/index.html

Uniform Commercial Code (UCC): In addition to your rights under state Lemon Laws, and the federal Magnuson Moss Warranty Act, Uniform Commercial Code is a set of state warranty laws, which may be used in limited circumstances in dealing with the manufacturer or dealer.

Vehicle Identification Number (VIN): This is the manufacturer's identification number which you can find on your vehicle, lease or purchase contract, registration, or title. It is also included on each repair order.

Work Order: The initial document given to you by the service or technical representative at the dealership when bringing your vehicle in for repairs. Be sure to check the work order for correct date, odometer mileage, and that the items you complain of are written up as you described them.