When "Promptly" Isn't Under the California Lemon Law
Two days ago, I posted on the whether the consumer or the manufacturer has the right to choose the remedy under the California Lemon Law (answer: the consumer). But what happens after the manufacturer and the consumer agree “in principle” on the repurchase or replacement? The California Lemon Law states that the repurchase or replacement must happen “promptly.” The word “prompt” is not defined in the statute, but most people would agree that 30 days, i.e., one month, is fair. What often happens, however, is that the manufacturer agrees “in principle” to repurchase or replace the vehicle, but then takes a long time to work out the details of the amounts to be paid or the type of vehicle to be used for the replacement. As a legal matter, a manufacturer who drags its heels in completing an agreed upon repurchase or replacement, can be brought into court and sued over the delay. As a practical matter, the time required to prosecute such a lawsuit might take as long or longer than persistent phone calling and letter writing after the “agreement in principle” is reached. The bottom line? Nail down the exact terms of the repurchase/replacement as soon as you can. If the manufacturer is showing signs of waffling early on, consult with a qualified Lemon Law attorney for alternatives tailored to your specific situation.
