Is Selecting The Right Attorney Important?

Yes. Manufacturers can afford some of the best California attorneys to fight against consumer claims and lemon laws. You should ask if the attorney that will handle your case has any experience working for manufacturers in lemon law. Does your attorney know the ins and outs, tricks and maneuvers employed by dealers, manufacturers, and their attorneys? Ask your potential attorney about this important experience. LemonLaw123.com has this experience. The law firm of LemonLaw123.com believes that success in winning your lemon law case is based on: 1. Education 2. Ethics 3. Experience

Why Were Lemon Laws Created?

When a lot of cars are mass produced by a motor vehicle manufacturer, the occasional mistake can be made, overlooked or missed by inspectors. Sometimes, a bad design can even be put into production.

If you’ve bought a car, truck, motorcycle or other motor vehicle and you got one of the “mistakes,” you have a way in California to reverse your bad luck. The State of California recognizes that their help is needed to defend your warranty rights against the large and powerful manufacturers of motor vehicles.

What Are The Lemon Laws For Motor Vehicles?

They are state and federal consumer protection laws that were enacted to protect consumers from the reluctance of motor vehicle manufacturers to treat consumers in a fair and honorable manner. When your manufacturer cannot honor their warranties and treat consumers in a fair and reasonable fashion, the laws provide protection to those who have bought or leased these motor vehicles. The laws allow manufacturers a reasonable number of repair attempts, but manufacturers who fail to properly repair the motor vehicle must either replace the vehicle or refund the consumer’s money. The defect or problem with the motor vehicle must be substantial and the manufacturer must be given an opportunity to repair.

If I Win A “Lemon Law” Case, What Can I Get?

If LemonLaw123 and your records show your motor vehicle is a lemon, you can receive three things:

1. A replacement vehicle or cash refund.

2. All your monthly payments, registration costs, taxes paid and down payment.

3. Your reasonable costs and expenses such as towing costs, rental costs and your reasonable fees and costs for an attorney.

What About the Current Mileage?

The lemon law protection begins after the first time it was taken to the dealer to correct or repair the problem. If you delay reporting the problem of the motor vehicle to the dealer, the manufacturer is entitled to deduct a usage fee for the miles you used the vehicle without any problems. This means the manufacturer can request that you pay a usage fee for the good or trouble free miles you drove the motor vehicle before you reported the problem.

Do I Get Money Back Or Can I Get A Replacement Vehicle?

Manufacturers can offer to replace your vehicle with a new model just like your current “lemon” vehicle. If you loved the vehicle, but wish it was not a “lemon” you would receive the replacement model and your loan or lease payment would remain the same. You can be charged for any use you made of the vehicle before you reported the problem to a dealer and any taxes or fees that are owed.

What If I Bought A Used Motor Vehicle?

The good news is that a used car can and often does qualify under the lemon laws as long as it was sold with a written warranty. Often times, used vehicles are sold while still under the manufacturer’s warranty and/or a warranty from the dealer. If this is the case, then your used car may qualify under the lemon laws.

What If My Vehicle Is Out Of Warranty?

This requires a little more in depth evaluation. If the vehicle was taken in for repair during the warranty period, and this can be established by paperwork, then it may be eligible for a refund or replacement. There are more issues that have to be evaluated, but it’s worth a phone call to have your case evaluated free of charge.

Presumptions Related To Lemon Law. What Are They?

The State of California has detailed some presumptions about what makes a vehicle a lemon. Here are the three issues which if they occur in the first eighteen months or 18,000 miles makes your vehicle a presumed lemon: 1. Two or more attempts by the dealer to fix a serious problem that could cause personal injury or death. 2. Four or more attempts by the dealer to fix the same issue, even if it isn't one related to safety. 3. If your vehicle is unable to be used for more than thirty days as repairs are attempted.

Can I Qualify For A Refund After Six Months Or 18,000 Miles?

Yes. The lemon laws provide consumer protection as long as the problems took place during the warranty period. In many situations, you may still qualify for lemon law protection even if your vehicle is outside the warranty period as long as the first repair attempt for the defect occurred during the warranty period.

What Do These Lemon Laws Consider A Motor Vehicle?

Cars, trucks, motor homes, motorcycles, recreational vehicles, even boats as long as the vehicle was purchased for personal use. Commercial vehicles are not part of the protection provided to the consumer.

Can I Get More Money Than A Refund?

It’s possible, but only if the manufacturer is shown to have willfully violated provisions of California’s lemon law. Up to two times the price you paid for your motor vehicle could be awarded by the judge as a penalty to a manufacturer. You want to be represented by an experienced attorney who will fight for every monetary benefit you deserve, not just a “settle the case” attorney looking for an easy payday.

How Should I Prepare For A Claim?

If you have a vehicle problem, you should document the problem by including it on your repair paperwork or invoices when you take your vehicle to a dealer. Insist it is written on their forms and keep a copy. You can avoid the potential defense that you didn’t notify the dealer of your problems and didn’t allow them the opportunity to repair your vehicle. Keep the name of anyone at the dealership you notified of your problem. It all helps overcome a defense argument by the dealer or manufacturer.

Do I Really Need An Attorney?

Yes. Retaining an experienced attorney will ensure you do not waive any of your rights. Even if you would prefer to "settle" and just get "some of your payments back," working with an attorney will help you negotiate the process. And, again, this is all done at no cost to you, as our services will be paid for by the manufacturer.

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