You have bought the vehicle you have been eying for a long time, and now you see that this has been a sour deal. You take the vehicle to the manufacturer or the dealer for repairs. However, if this does not work, you may wish to seek legal remedies available. The sweet fact is to know that you are protected by the lemon law of your state. Before hailing the lemon law as the most important legislative protection, you better know the ups and downs in dealing with it.
The California Lemon Law protects consumer rights if the purchase turns out to be defective in terms of performance, safety, and quality. The law covers new and used vehicles. If the product meets the standards and qualifies for “lemon” under the Lemon Law, the manufacturer will replace the product or refund the purchase costs. In case you head for litigation and win the case, the law will also require the manufacturer pay attorney fees and associated expenses.
No lemon, no remedy
The law provides guidelines to check if your vehicle qualifies for a ‘lemon’. If the nonconformity or the defect was at the purchaser’s fault, the refund or replace remedy will not be available.
No warranty, no remedy
In addition, the vehicle must have a substantial defect covered by the warranty. If you fail to submit the warranty, then it gets much more difficult to proceed with your claim. If you have the warranty, you should also allow the manufacturer a reasonable opportunity to repair the vehicle. Do not wait for your car to be readily available to you, since it is the law and not you who determines the number of ‘reasonable’ attempts.
No refund on deposit if you back out
If you wish dealership to hold your vehicle, you must leave a deposit. The dealership requires a deposit to make sure you will not back out from the deal. This way it will hold the vehicle and will not sell it to another person. However, your state may have dealership policies and laws, which make the deposit non-refundable. Be careful not to construe deposit as a ‘partial payment’ in the agreement. Moreover, do not leave a deposit if you are not sure about the purchase, as you may lose your money.
No writing, no remedy
The contract is the first legal safeguard to ensure the protection of your rights. Familiarize yourself with the wording of every document you sign, otherwise, you may risk losing the money. Require that statements be in written onto the contract about issues on which the sale is contingent.
In addition to the law, you may seek the advice of consumer lawyers to enforce your rights. A competent law firm will assist you with your case. The attorneys and lawyers at the Margarian Law Firm will inform you of your rights and offer a free consultation. Be certain – our attorneys are skillful enough to represent you when you proceed to litigation.