What is a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 3 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon.
Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the car makes “funny noises” but otherwise drives just fine, or you found 10 things you don’t like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon, but you might be a victim of Dealer Fraud.
If the brakes don’t work, the car won’t go into reverse gear, the darn thing won’t start on cold mornings or hot afternoons, the rear door opens all by itself, the driver’s seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon. Providing you’ve given the manufacturer an opportunity to repair the defect.
In some cases, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt.
You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you may lose all rights under the various State Warranty Acts.
Who pays the Lawyer?
You do not need to. Most of our services are of no cost to you. The California law allows us to recover Attorney Fees from the manufacturer. In dealer fraud cases, the acting dealer will cover the attorney fees when the case is won or settled. If your Attorney sues under the Magnuson-Moss Warranty Act, you will be awarded Attorney Fees if you win. Note that our Attorney’s Fee is based upon actual time expended rather than being tied to any percentage of the recovery.
Is a Leased Car protected?
Yes, the State of California includes the leased cars in their Lemon Law statutes. The laws for used car slightly different and are handled in case-by-case bases. Submit an inquiry with you vehicle and damage information and we will determine what is covered.
What about Motor Homes and Motorcycles?
Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes.
If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and the State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty). Submit an inquiry with you potential case information and we will determine the best course of action for you.
What is a mileage “rollback”?
A form of auto dealer fraud, a “mileage rollback” or “odometer rollback” occurs when the odometer of a used vehicle (which indicates the total miles the vehicle has been driven) is altered (or “rolled back”) to display a number that is lower than the vehicle’s actual mileage.
When considering the mileage on a used vehicle, you need to watch out for odometer tampering. To command a higher price, an unscrupulous seller may roll back the odometer. State and federal laws forbid odometer tampering, which can trick a consumer into paying more for a used car than it’s worth.
Odometer rollbacks are all too common. A dealer, a wholesaler, or someone else back in the chain of title may alter the mileage, and the dealer selling to the consumer pretends not to know. Signs of a possible odometer rollback include:
Excessive tire wear for the car’s year or disclosed mileage
Scratches in the odometer area
Odometer numbers that don’t line up evenly
Repeated mechanical problems
Paint chips or damage
The only sure way to identify odometer fraud is through a search of paper title records.
What is a Song Beverly Consumer Warranty Act?
The Song-Beverly Consumer Warranty Act (in the California Civil Code, beginning at section 1790) requires that, if a manufacturer or its representative is unable to repair a purchased or leased motor vehicle to conform to its written (express) warranty after a reasonable number of attempts, the manufacturer must promptly replace or repurchase it. (The manufacturer is allowed to deduct money only for miles you drove the vehicle before you took it to a repair shop because of the defect.)
What is a Magnuson-Moss Warranty Act?
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. In addition, it affects both the rights of consumers and the obligations of warrantor’s underwritten warranties.
What is a Tanner Consumer Protection Act?
California’s Tanner Consumer Protection Act, also known as the “Lemon Law,” protects consumers who buy or lease new automobiles from being stuck with obviously defective vehicles. The Law applies whenever a new car, van, or truck, motorhome (RV) is sold or leased for personal use with a manufacturer’s written warranty. The Law also applies to the sale or lease of used vehicles that still are covered by the manufacturer’s original warranty.