Lemon Law for California

You might often hear the term certified pre-owned (CPO) vehicles and wonder what the difference between a used car and CPO is.

Actually, in both cases the cars have once belonged to someone. To make used cars more attractive for potential buyers, the manufacturers came up with the idea of certifying used cars and renaming them pre-owned or pre-driven. This meant that before being sold, the cars would be inspected and fixed.

There are two types of certified pre-owned vehicle programs: certified pre-owned factory-backed programs and certified pre-owned dealer-backed programs. Choosing a manufacturer’s certified vehicle program might be more reliable, as the car would be better tested and fixed. Also, the program would work across the country and may come with some side offers. Besides, the program can be more reliable, as the dealership can be closed down after some time and the dealer-backed certified pre-owned vehicle program could no longer work.

Certified pre-owned cars are in better conditions for sure. However, buying a certified pre-owned car doesn’t mean you can’t end up with a lemon. If you keep on having the same problem with a vehicle for a long time and that can’t be fixed, and if you start having doubts about the car being a lemon, do not hesitate to contact a Los Angeles Lemon Law firm, where experienced California lemon law attorneys can give you a free consultation and case evaluation.

California Lemon Law is there to protect residents from defective vehicles. However, that doesn’t make any car you bought and didn’t like “return”able.

Buying a car is a very important decision. You need to be very careful. When buying a used car, your carefulness should even double.

As an experienced California Lemon Law firm our attorneys are ready to provide professional advice and help you with your lemon law case, but still before buying a used car, make sure you follow these simple tips:

· Use the test drive opportunity

· Have you mechanic to inspect the car

· Check the vehicle title. All vehicles should have one

· Check the vehicle identification number (VIN). Make sure it’s the same both on the dashboard and the title.

· Check the odometer readings. Mileage should be provided with the title transfer.

Usually buyers think that they can return the vehicle after signing the contract within several days. But it doesn’t always work. Make sure you read all documents. Demand your copies. Clear all aspects of warranty. Remember that some vehicles are sold without. Spoken promises to repair the vehicle when it’s broken do not really work.

And do everything beforehand. Buying a car is probably one of the most important purchases of your life.

California was one of the first states to pass the Lemon Law to give more rights and protection to its vehicle consumers. However, this mostly concerned new cars, whereas used car buyers were unprotected against purchasing a lemon car. Those who bought a used lemon car were expected to fight on their own. However the Car Buyer’s Bill of Rights was added into the law, giving more consumer protection to used lemon car buyers.

The best improvement was a two-day cancellation option that a used car buyer got. With this the buyer can terminate the sales contract within the first two-days of the purchase with no penalty, or any fees and charges.

However, there are some restrictions to this option. Consumers whose car cost  less than $40,000 get the opportunity to buy the cancellation option.

It is specified that, the “contract cancellation option does not apply to used cars priced at $40,000 or more, new cars, private party sales, motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use.”

For the rest the following Regulations apply.

Below are presented various payment amounts based on the cost of the vehicle:

• $75 for a car costing $5,000 or less;
• $150 for a car costing more than $5,000, but not more than $10,000;
• $250 for a car costing more than $10,000, but not more than $30,000; or
• One percent of the purchase price for a car costing more than $30,000, but not more than $39,999.99

In case you decide to return the vehicle within the period specified in the Cancellation option agreement, the dealer has the right to charge you the following sum of money based on the price of the vehicle:

• $175 for a car costing $5,000 or less;
• $350 for a car costing more than $5,000, but less than $10,000; or
• $500 for a car costing $10,000 but less than $40,000.

Note: Car Buyer’s Bill of Rights does not apply to motorcycles and off-highway motor vehicles or to transactions between private parties.

If you have bought a used car with no Cancellation option and found out that it’s a lemon, you might have the opportunity to obtain your rights under the California Lemon Law. Contact our Lemon Law Office for a free consultation.

Lemon Laws were created to protect consumers from the defective vehicles that could cause life threatening personal injuries or even death. California Lemon Law or California’s Tanner Consumer Protection Act is actually one of the best Lemon Laws throughout the country.

So, what do you need to understand before getting rid of your newly bought car, RV or motorcycle that has fallen apart soon after the purchase?

First of all, keep in mind that you cannot file a lawsuit on your own. You need to completely understand the lemon law. Therefore, hiring an experienced Lemon Law Attorney or a Lemon Law Firm would be the right decision. Besides, you need to make sure that whoever you hire has enough experience in the Lemon Law of your state, as these vary throughout the country.

Keep in mind that you are going to face a huge automaking corporation and you need to be fully armed to get what you want.

There are a lot of legal offices that are willing to find new clients. Most of them will ensure you they have enough competence and expertise in the California Lemon Law. But make sure you do some research before approaching this or that attorney or a firm. They should be able to identify if your vehicle has the defects qualifying under the lemon law. Actually, none of the offices would want to spend their time and efforts on the lemon law case that will never win.

Most of the lemon law professionals offer a free case evaluation. Take advantage of it. You will get the opportunity to meet people that might be helpful and get consultation on your case. Both parties will have the chance to understand if they could be helpful to each other.

The Lemon Law in CA states that in case of a victory, the manufacturer will reimburse the amount of legal fees.

Sometimes you don’t consider your new car a lemon until it is too late (the defective vehicles is out of warranty, has more mileage and you own it longer than the lemon law requires).

For that reason, you should always keep a track of your repair visits starting from the very first one. Get copies of all Warranty Repair Orders. If the dealer rejects your request, document it. Obtain the Invoice as soon as you get your car out of the shop. That is your proof of having gone through a repair.

Sometimes the dealers would say there were no charges, and therefore no invoice can be presented. But it’s the invoice that shows the lemon car repair attempts. This will help you during the litigation process, when you will have to prove that the manufacturer failed to fix the car after the reasonable number of repair attempts.

You need to document everything. Make sure you write down to who you talk, what you say, dates, specific time. Keep a copy for yourself. Put your complaints into writing. While at a shop, be attentive that the dealer puts in writing your complaint correctly.

You should record the odometer readings during your repair shop visits as well. Make sure you include the dates of taking the car into the shop and picking it up. California Lemon Law takes into consideration the cumulative number of the days the car is out of service due repair.

When buying a car, you probably, do not think it is going to be a lemon. But as the owner, you should be ready to face problems, therefore, document everything.

A lot of consumers ask how long the litigation process for their Lemon Law case will last. There is no exact answer for that. Some of the California Lemon Law Attorneys and Firms will tell the litigation takes a month or three. But actually, the reality is sometimes different. The timeline depends on the case and on the manufacturers’ defense strategy. You can settle down things in 1-3 months but probably you will have to accept the terms of the manufacturer. Therefore, try not to focus on the time factor.

The litigation process might take long than the client expects. At our lemon law firm we try to be realistic and let our clients know if they want to obtain all their demands, they should be ready to fight hard.

The manufacturer defendant will do his best to settle their case at discount. Therefore trust your lemon law attorney, who will present your interests. You might need to make sacrifices as well: Do not use the vehicle, make your payments promptly and keep the vehicle insured.

We are ready to provide our expertise in California Lemon Law.

Getting rid of a lemon is not easy but it is possible. According to the California Lemon Law you can ask for a refund or a replacement in case you won the lemon law case. Manufacturers sometime buyback lemon cars, lemon motorcycles and lemon trucks. Have you ever though what happens to a lemon vehicle after the manufacturer buy-back? Your neighbor or friend might end up owning it without even knowing it used to be a lemon.

When a manufacturer buys back, some states require it to change the title of the car to “Lemon Law Buyback”. But what happens sometimes is that manufacturers settle the matters with a consumer therefore avoiding the rename or simply, they take the car to a state with less strict laws about rebranding. This is called lemon laundering.

However, most of the states require that the buyer is informed about the car being a lemon law buyback.

California Lemon Law requires the manufacturer to give information about the

1. the title

2. nonconformities due to which the car was bought back by the manufacturer

3. one year warranty

To avoid buying a laundered lemon, try to check the history of the title.

In case you bought a laundered lemon and found that out, contact a California lemon law attorney to seek assistance. We would be eager to help residents of Los Angeles, Burbank, Glendale and Sherman oaks with their lemon law cases.

After the manufacturer lemon buyback, the defective vehicle may be fixed and sent to the car market again. If you currently have no other option but to buy a car that has been a lemon previously, keep in mind the following points.

1.     The car should be registered under the name of the manufacturer before the resale

2.     The title of the car should clearly indicate that it is a “Lemon Law Buyback”. The vehicle should have a Lemon Law Buyback sticker

3.     The dealer should give you a written notice for your signature that will inform you that the car you intend to buy is a lemon law buyback. It should contain the following statement

“THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE NOTATION “LEMON LAW BUYBACK”.

4.     The dealer should give you information about

• Year, make, model, and VIN.
• The title of the vehicle
• All nonconformities that were reported by the primer buyer or lessee of the vehicle.
• Any repairs made in an attempt to correct nonconformities

5.     You should be given copies of all documents you signed.

6.     The car should have a one year warranty.

If you bough a vehicle that showed a clean title but turned out to be a lemon buyback, contact your dealer. You might be a victim of a fraud.

However, sometimes even the dealers might not know the car is a buyback. In both cases, you might be eligible for compensation.

Contact a California Lemon Law Attorney for more information and for a free case evaluation.

A lot of car owners or people who are planning to buy a used car are asking whether the California Lemon Law can help them protect their rights or not if the vehicle turns out to be defective.

The California Lemon Law provisions apply to new vehicles. However used cars that are under express written warranty can qualify as well. Therefore some general rules may apply to motorcycles, motor homes, used vehicles sold under the dealer’s express written warranty, “lemon” vehicles repurchased by the manufacturer and sold to consumers, and vehicles sold with a service contract.

According to California law, the first time that a lemon is resold, it must have a one-year factory warranty. The law requires as well that the car has a “lemon law buyback” title and a “lemon” sticker. The cars cannot be sold “as is”. In case you were sold a lemon illegally “as is”, you still have rights under the California Lemon Law.

The law covers cars that were purchased for personal, family or household but not commercial use.

If you think you were sold a lemon vehicle, do not hesitate to contact our law firm specializing in California Lemon Law. We offer our services in Los Angeles area, Sherman Oaks, Glendale and Burbank. To have your case evaluated for free, call us toll free 866.975.3666.

We would be happy to share our expertise in California Lemon Law and help you obtain your rights.

A well-written repair log is your way to show how you took care of your Automobile, Truck, Motorcycle or RV. It is one of the crucial sources of information when you file your Lemon Law Claim.
You will need to provide information about the repair attempts and the amount of days your car stayed in-shop. If you have filled in the repair log correctly, it should clearly state the dates, mileage, the problems and the actions the dealers took.
In case of a Lemon Law Arbitration, this will get good points to you and make the situation more clear to the judge.
To start filling in the Summary of repair and maintenance of your vehicle, you may use a template provided here.
A well-written repair log should have the following information:
2. The model of the vehicle
3. Dates. You need to write the date your vehicle was purchased and all the dealership in and out dates.
4. Mileage. You need to mention the primary mileage of the car and the in and out odometer readings every time you took your car to the shop
5. Name of the dealer repair shop
6. Repair order number
7. The description of the problem/service requested
8. The description of the work performed
9. Charge. Write the price you paid for the service
Make sure you list all details. Indicate if the service you requested was done or not.
Remember that the repair log will make it easier for the California Lemon Law Attorney to protect your rights and get your money back.