Despite a manufacturer’s best intentions and hard work, it’s impossible that every factory-made vehicle will be perfect. That’s why the state of California has laws in place to protect the consumers who will purchase one or more of the over 150,000 lemons sold every year in the state. The lemon laws in CA state that if a manufacturer cannot repair a consumer good after a reasonable number of repair attempts, then they must either replace or refund their customer. Our California lemon lawyers are here to help inform you and solve your case, free of charge!
Lemon laws are a set of laws in the United States that provide protections to consumers who have purchased a defective good. Lemon laws most frequently apply to vehicles — personal use cars, boats, planes, RVs, motorcycles, etc., that experience persistent mechanical issues while still under warranty. The details of lemon laws vary from state to state, but the overall purpose of these laws are the same: to fairly compensate consumers who have spent time and money on a defective vehicle.
It depends on the specifics of your case, but you may be entitled to a full buyback or an equivalent replacement. When a manufacturer repurchases your lemon, you should receive a full refund plus the cost of legal fees and any other fees associated with your lemon. If you qualify for a replacement vehicle, the manufacturer must replace it with a model that is the closest equivalent available to your lemon, offer the same service contract, and include any add-ons that you received during the original purchase.
Don’t give up just yet. Even if your warranty is no longer in effect, if your vehicle’s problems started before your warranty expired, you may still have a claim. Consumer protection laws aren’t always black and white. We specialize in this area of law and with a free evaluation, and we can tell you whether you have a claim. We often find that consumers are given misinformation when it comes to what their rights as consumers are. If you are dealing with a defective vehicle or appliance, you deserve compensation, and we can help. And remember, we always ensure that your settlement includes the cost of legal fees, so you’ll never receive a bill from us.
It only takes one unexpected trip to the dealership’s service center to make a person think they’ve been sold a lemon. While California Lemon Law does protect consumers from such unfortunate circumstances, there is a set of guidelines that govern how California Lemon Law works.
One way to trigger relief under the lemon law is through the California state-certified arbitration process. This is only recommended after speaking with a qualified lemon law lawyer. If a consumer decides to pursue this lemon law process, a neutral third-party arbitrator will hear the case and make a determination as to whether or not a reasonable number of repair attempts have been made, as well as what form of compensation a consumer should receive. If the consumer accepts the arbitrator’s decision, the manufacturers have agreed to comply with their decision. If the consumer does not accept the arbitrator’s lemon law ruling, the consumer is still free to file a lemon law lawsuit in either state or federal court.
California Lemon Law attempts to encourage consumers to seek arbitration as a first option given the courts are so backed up. They do this by using the law to state that before consumers can use what is known as the “Lemon Law Presumption” in a California court of law, they have to first attempt to reach a decision via a manufacturer’s State-certified arbitration program. Because of this, many vehicle manufacturers have decided to seek out certification from the California Department of Consumer Affairs’ Arbitration Certification Program in an effort to find conclusions to problems earlier in the process, avoid expensive court fees and reduce their overall liability risk.
The arbitration process is a freeway for consumers to settle warranty disputes, but it can be a challenging process for someone to undertake on their own. Though the manufacturers fund the programs, under California codes and ACP law the arbitration rules and monitoring are distinct from the manufacturer to avoid irregular or inappropriate influence in determinations. Still, manufacturers have dedicated teams ready to present their case in arbitration and understand the in’s and out’s of California Car Lemon Law, giving them a distinct advantage over consumers that have to set aside time to attempt to resolve their case.
Should you opt for a refund, understand that the average settlement in California should not take more than thirty days to be completed.
One of the benefits of buying a new car is that you shouldn’t have to deal with any major maintenance issues for a while after you drive it off the lot. The odometer basically reads zero, you can go longer between oil changes, and you don’t even have to get emissions testing for a few years. So the last thing you expect to be faced with is a major malfunction or defect.
If your brand new car starts acting up, it can be a major source of stress and frustration — particularly if the problem is with a major component of the vehicle such as the brakes or steering. Fortunately, new cars are typically always covered under California car lemon law because they’re likely to still be under warranty from the manufacturer, and any apparent defects are likely to show within the 18 months/18,000-mile time restriction.
The exceptions to new car coverage under the lemon law are things that aren’t covered under the car’s warranty. So while it might be annoying that the door handle falls off or the heating system isn’t as toasty as you like it, if it’s not covered under the warranty and it doesn’t pose a serious threat to safety, you might be on your own for repairs.
Always read the fine print on any documentation concerning your car warranty so you can be informed of the coverage you’ve been promised by the manufacturer. This type of knowledge will be invaluable when it comes to pursuing the lemon law for new vehicles in California.
At Lemon Law Now, we specialize in the handling of California Lemon Cars that were made in 2016 or newer. We know that special feeling you get when you purchase a new car and how upsetting it can be when you have to continually bring that car into the shop for repairs. As big of an investment a new car is (especially cars made in 2016 or newer), your expectations of the car will always be sky high. But when those expectations come down after you realize you bought a lemon car, Lemon Law-Now will be here to help you out in your time of need.
Don’t let your lemon car’s manufacturer get the best of you. Whether it be a Ford Lemon, a Mercedes Lemon, a BMW lemon or any other type of manufacturer, Lemon Law Now is here to provide the guidance you need to ensure that the California Lemon Law works in your favor. We have years of experience working the California Lemon Law for new cars and getting our clients the results in their lemon cases that they deserve such as a lemon law buyback or monetary compensation.
There are a few available remedy options when it comes to your outcomes with a California Lemon Lawyer. More often than not, these remedy options are refund or replacement.
Refund
Individuals or businesses pursuing legal remedies through California’s Lemon Law are entitled to a refund of almost all of the money paid for the defective car. This typically includes the down payment, monthly payments, and any other cost associated with purchasing the car. These additional costs can range from shipping and taxes at the cars purchase, to repair fees, rental fees, or any other costs incurred as a result of it being a lemon.
Replacement
The other available remedy option, replacement, includes having the vehicle replaced by the manufacturer at no additional cost to them. Under a Lemon Law claim, this car will be a similarly equipped vehicle without any of the defects of the previous car. In addition to the replacement of the car, the manufacturer will also pay for the taxes and fees that may be associated with this transaction. The one caveat of this remedy option is that it must be agreed upon by both parties, meaning both the wronged customer and the manufacturer must agree on a replacement as a remedy.
When pursuing replacement or repurchase of a car through a California Lemon Lawyer, the retributions given would be identical to the vehicle presented. In simple terms, a manufacturer is not responsible for crediting a car owner for any use or wear on the car prior to the first service attempt. This is known as a use reduction based on how much the car was used since the original purchase. This use reduction is based on a formula revolving around the number of miled that have been put on the vehicle up until the time you contacted the manufacturer for repairs and retributions. This will formulate the amount of user reduction to come to a fair valuation of the car in question for replacement of repurchase.
The use reduction formula can be expressed as:
(Odometer Reading at first repair / 120,000) x purchase price of the car = user reduction
California Lemon Law is not a simple thing and pursuing fair retributions is anything but an easy process. It is an intricate system with numerous facets, rules, and guidelines that are essential to know and follow. If you feel you are entitled to retribution under the California Lemon Law, we highly recommend trusting our highly-trained, expert team of California Lemon Lawyers. The dealers know exactly what they are dealing with, but our California Lemon Lawyers know more. Leave it to us to know the ins and outs of California Lemon Law, and get you the fair and just retributions that you deserve.
When looking for the right California Lemon Lawyer, it is important to choose someone with all of the right qualifications and requirements. Here are just a few of the many attributes that make our team of California Lemon Law attorneys the best for the job:
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