Frequently Asked Questions About the California Lemon Law in Los Angeles & Elsewhere
What is the Lemon Law?
In 1984, the government created a means to protect consumer rights against auto manufacturer and dealer fraud via the Song-Beverly Consumer Warranty Act, commonly known as the “Lemon Law”. The The California Car Lemon Law protects individuals or small businesses that purchase or lease new or used automobiles and, within the manufacturer’s warranty period, find that the automobile has a defect or nonconformity. Should the manufacturer or its representative be unable to repair that defect or nonconformity after a reasonable number of repair attempts, the buyer or lessee would be entitled to a refund, new vehicle and, or some form of civil compensation.
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Who can seek relief under the California Lemon Law?
Any California resident who believes they have a lemon is entitled to seek relief under the California Automobile Lemon Law. The defective vehicle in question must have been purchased primarily for personal or small business use. It is important that the recurring problems be of a substantial nature such as: engine, transmission, electrical, brakes and suspension or even air conditioning/heating system. In the event that the manufacturer, or its representative, is unable to repair a defect or nonconformity after a reasonable number of repair attempts, consumers may seek relief under the California Lemon Law. A lemon law attorney is best equipped to evaluate a vehicle’s repair history and determine if a lemon law claim exists. At the California Lemon Law Center, top Lemon Law Lawyers in California will evaluate your case at no cost to you.
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What are some tactics automobile manufacturer’s use to mislead you in thinking you have no case?
One tactic used by the automakers’ representatives such as California Lemon Law attorneys is erroneously misleading a consumer into believing that they do not qualify for relief under the California Lemon Law and leading them to believe that the best way to resolve their concerns with the defective vehicle is to trade it in or buy a new one. This “solution” usually leads to a loss in equity and higher vehicle payments. It is very profitable for the dealership and results in the sale of two cars in a very short time. Some automakers’ representatives use tactics where they will try to “settle” by offering you little monetary relief. If you receive an offer to “settle” it is best to consult with a lemon law attorney. At the California Lemon Law Center, your potential “settlement” by the automobile manufacturer will be reviewed by leading Lemon Law lawyers in Los Angeles at no cost to you.
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What am I entitled to under the California Lemon Law?
If your Lemon Law claim goes through, the consumer is free to choose whether to accept a replacement vehicle or a refund. If a manufacturer offers a replacement vehicle, the consumer would agree to this as an exchange of collateral, in which case the existing loan or lease terms remain the same. If the manufacturer repurchases your lemon vehicle, the buyer or lessee is entitled to reimbursement of the vehicle’s loan payments or lease inception fee and associated expenses, incidental expenses, manufacturer-installed items and any transportation fees are also considered. The California Lemon Law allows the consumer to collect civil penalties, which could total to two times the amount of actual damages.
The California Lemon Law allows the consumer to collect civil penalties, which could total to two times the amount of actual damages.
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What constitutes a reasonable number of repair attempts?
A reasonable number of repair attempts will depend on the circumstances, including the severity of the nonconformity (a defect that substantially impairs the use, value, or safety of the motor vehicle to the buyer or lessee). The California Lemon Law provides means for calculating the duration of a repair attempt. In the majority of less severe Lemon Law claims, four repair attempts are considered as reasonable, but of course, it all depends on the situation. At The California Lemon Law Center, an attorney will evaluate your case, at no cost to you, to determine if your vehicle has suffered a reasonable number of repair attempts.
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What is a reasonable amount of time for a repair to take place?
In California, the reasonable amount of time for a repair to be completed is thirty days. The thirty day threshold is met if the vehicle has spent over thirty days at a dealership for which it is out of service or awaiting parts for a repair within the first 18 months or 18,000 miles, whichever occurs first. Furthermore, the thirty-day threshold could be met during one visit or a combination of several visits. The California Lemon Law Center can assist you, at not cost, in determining whether your vehicle has met the thirty-day threshold.
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What is a reasonable amount of time to wait before consulting an attorney?
Many consumers will do everything they can to try to work it out with the automobile manufacturer before contacting an attorney. Although this is admirable, doing so could result in making or breaking your lemon law claim. If you think your vehicle may qualify, contact the California Lemon Law Center to evaluate your potential claim as soon as possible. Delays in claims or lack of review of potential claims will result in favor of the automaker. At the California Lemon Law Center, we will evaluate your claim at no cost to you.
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Is Arbitration required under the California Lemon Law?
The California lemon law does not require a consumer to go through the arbitration process. It is likely that participation in the arbitration process would change the dynamics of your case. Prior to doing so, it would be beneficial for you to consult with a lemon law attorney. In those instances when you have already gone through the arbitration process and lost, a lemon law lawyer may still be able to assist you in pursuing a lemon law claim. On the other hand, if you have prevailed in the arbitration process a lemon law attorney can evaluate your award to assure that you receive everything entitled to you under the California Lemon Law. At the California Lemon Law Center will evaluate your arbitration denial or award at no cost to you.
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Links:
Download our free Lemon Law Guidebook
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