Lemon Law Lawyer California Guide

By Tara Daniels


A Lemon Law Lawyer California customers hire must have the ability to force the manufacturer to provide a refund or replace a vehicle with a flaw that cannot be fixed. Anyone in the Golden State who purchases or leases a vehicle is protected from being stuck with lemons. Described below is an overview of the law and specific steps that can be taken to bolster a case even before there is a dispute.

Broadly speaking, lemons are vehicles with major problems the owner didn't know about prior to purchase. In this legal context, it is a vehicle still covered by the manufacturer's warranty with problems which significantly impair its use, safety and value. It doesn't matter whether the consumer has purchased a new or used vehicle, as long as it is still within the warranty period. The problem must be discovered within 18 months or before the mileage hits 18,000.

This law is specifically intended to prevent vehicle manufacturers and their authorized dealers from giving consumers a run-around. The customer still has to allow the car maker up to four chances to fix it. If it is a safety issue such as a faulty brake, then only two chances are allowed. All put together, the manufacturer can only keep the vehicle for repairs for up to a cumulative total of 30 days.

Once the limits mentioned above are exceeded, the vehicle will be considered a lemon that requires a replacement or refund as per the law. In case a refund is being provided, there will be a certain amount deducted based on the mileage. For instance, if it has seen 6,000 miles after being purchased, then five percent of the purchase price will be deducted out of the refund.

If it looks like the vehicle has an unfixable problem, the customer must start taking steps to prepare for a valid claim under the lemon law. Get an invoice or repair order for every single visit to the dealer. Make sure separate invoices are provided even if multiple trips are required to fix a problem.

For instance, the dealer may order a part after the first visit and ask the customer to come back in afterwards a second time once the part has arrived. This constitutes two separate visits requiring a separate invoice for each one. Maintain all the invoices and records associated with the vehicle and keep it handy.

If the manufacturer is indeed disputing the claim of having sold a lemon, the best thing to do is get hold of a lawyer. Defendants in such cases often argue that it was the customer who abused the vehicle and caused the malfunction. If so, the only way to settle the matter is to take it to an arbitration panel or directly to the courts.

It's important that customers get in touch with a Lemon Law Lawyer California has listed as licensed to practice law before agreeing to arbitration or accepting a settlement offer made by the manufacturer. The attorney will be able to decide how much to ask for, and under what statutes. The law favors customers, so the issues at dispute are mostly about the amount of compensation.




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