Lemon Law for California

Each year nearly 150,000 cars turn to be lemons, i.e. cars that have repeated, unfixable problems. Every state has some type of “lemon law” that regulates the cases when one acquires a lemon car. To take advantage of these laws, you should know what qualifies as a lemon and how to get a refund or replacement car.

In order to qualify as a lemon, the car must

(1) have a substantial defect that occurred within a certain period of time or number of miles after the car was bought.

(2) not be fixed after a reasonable number of repair attempts.

A “substantial defect” is a problem covered by the warranty that significantly impairs the car’s use, value or safety, such as faulty brakes or steering. Minor defects such as loose radio knobs and door handles do not meet the legal definition of “substantial defect.”

As with most legal definitions, the line between a “minor” and a “substantial” defect is not clear enough. Some not so evident conditions, such as defective paint jobs or horrible smells, have been found to be substantial defects.

In all US states, the substantial defect must occur within a certain period of time (usually one or two years) or within a certain number of miles (usually 12,000 or 24,000). The defect must not be caused by abuse.

The dealer or manufacturer is allowed to make a “reasonable” number of attempts to fix the problem before your car is considered to be a lemon. To be protected under your state’s lemon law you must meet one of the following standards

•    If the defect is a serious safety defect, involving brakes or steering, it must remain unfixed after one repair attempt.

•    If the defect is not a serious safety defect, it must remain unfixed after three or four repair attempts (the number varies by state).

•    If the vehicle is in the shop a certain number of days (usually 30 days in a one-year period) to fix one or more substantial warranty defects, it may fit the definition of a lemon.

Although most state lemon laws apply to new car sales only, a few states have lemon laws that also cover used cars.

Though the congressional hearings of Toyota are already over and Toyota is setting up a North American Quality Advisory Panel, the problem with accelerator pedals is still unsolved. It still affects the safety of drivers and pedestrians.

The well-known Edmunds.com, which is one of the best automotive sources, is planning to provide one million dollars to those, who research the matters with acceleration. The research doesn’t specifically focus on Toyota, as the same problem appeared with other vehicle producers. 20 years ago Audi was in the news headlines for unintended acceleration.

Edmunds.com is currently working on rules for this “crowd sourcing” project.

Meanwhile, the whole buzz on Toyota recalls has shown once again the relevance of the California lemon law, which is there to protect the buyers of defected cars. Dealers might use numerous tricks to assure the customers that the problem is fixed. But a lemon car might still be a lemon, unless you try to obtain your rights.

Make sure your car can be considered a lemon. And keep in mind that the California lemon law could work for you if the defect made your car accelerate and that Toyota abandoned any fixing.

And don’t hesitate to get consulting on your lemon car.

If you’ve been dogged with your vehicle problems and think that you have a lemon car, you should know that your consumer rights are protected under the CA lemon law. To get the best possible settlement and compensation, however, it’s extremely helpful to keep thorough records that will help you easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some lemon law tips:

• Keep a logbook (notebook or a computer spreadsheet) to make a notation every time you speak to or visit the dealer or manufacturer.

• Write down every communication, the date and time, as well as the name, title, and phone number of the person to whom you spoke and outline the information and instructions you were given.

• Keep track of your vehicle’s performance noting the times and dates when the problems occur.

• Note the days your vehicle is unavailable, either because it isn’t in working condition or because it is in the shop for repair.

• Keep all of the repair records and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Don’t leave your vehicle at the dealership without a copy of the work order.

• Keep every piece of written correspondence. Hold on to a copy of every letter and email you send, as well as proof of delivery (delivery documentation). It’s important to understand your state’s lemon law as some states require that you contact the manufacturer via certified mail.

If you feel that you have a lemon car, but haven’t kept a logbook, don’t panic. Just find a professional lemon law attorney.

All cars built after 1981 have a 17-character number that is actually called the vehicle identification number (VIN). VIN number is unique to that individual automobile you can use to get valuable detailed information about that specific car’s history. It can help you detect a “lemon” before you buy it.

The VIN number can tell about all of the records for everything that has ever happened to that car. It gives you an opportunity to trace your car from the factory all the way to the scrap heap.

You can find the VIN number in numerous places in the car - inside the doors, the dash, the trunk, engine, and/or quarter panels, etc. Look over the car and make sure that all of the VIN numbers you can find are the same when you look inside the car. If they are different, it may mean that the car has been totally rebuilt using parts from other cars.

Before buying any specific car, you need to get a VIN report. Your VIN can be used to track any warranty claims, recalls, registrations, thefts, and insurance coverage too. Guard yourself from buying a lemon car by thoroughly checking the VIN number on the used car you want to buy.

If you fail to do so, you may get stuck with a lemon car and soon may need a good lemon law specialist to get rid of it.

Lemon laws are state laws that help consumers who have purchased cars that permanently do not meet quality and operation standards. As not all the Americans are protected by the Magnuson-Moss Warranty Act, there are lemon laws, defining what a lemon is in that particular state. If you think your car is a lemon, there are several important things you need to do to prove your case. State laws vary greatly from state to state and what you may consider a lemon may not meet your individual state’s definition.

It is very significant to be able to prove your vehicle is a lemon. The best way is to keep all paperwork connected with your car. Hang onto all work orders, receipts, the owner’s manual, and any warranty information that was provided to you when you bought the car. Write down all the dialogues you’ve had with anyone who’s worked on your car at the dealership. Write down the date and time you talked with each person whether it was on the telephone or in person.

If you think your bought a lemon car, you should consult a qualified lawyer in your state to find out if you have a claim under your state’s lemon laws. Make sure the attorney you consult deals with lemon laws of your state. It can be frustrating to keep taking your vehicle into the dealership for the same problem over and over again. If this is happening to you, it’s possible your car is a lemon and you may want to investigate whether or not your car falls under your individual state’s definition of a lemon.

With a lemon car, you probably have the feeling that you are always in the repair shop for the same problem again and again. And this is really upsetting.

But you don’t have to keep your lemon as there are lemon laws that protect auto consumers. Even if you think you’ve had a good deal, secure yourself keeping detailed maintenance records. If you think you have a lemon you can file a lemon law claim and detailed records will give you a fighting chance of getting your money back or obtaining a replacement vehicle.

You will also need to consult an attorney who will advise you on your rights according to your state’s laws. So if you live in California you’d better find a lemon law firm or attorney that specializes in CA lemon law as lemon laws vary from state to state.

In California the lemon law provides protection when buying new and used vehicles, making California consumers the most protected car buyers in the country. Using the power of your state’s lemon law, your professional lemon law attorney will do the work for you. And if you win the case you will get a refund or replacement and the person who sold you the lemon will pay also your court fees.

The California lemon law that is actually called the Song-Beverly Consumer Warranty Act is the one law that truly protects consumers against the powerful auto manufacturers/dealers who ignore anyone who has bought a lemon car, truck, RV or motorcycle. This law not only covers a new vehicle but used and leased vehicles as well as long as the vehicle is under warranty.

If the vehicle qualifies, the California Lemon Law gives the consumer the following rights:

•    the right to cover towing costs related to the vehicle;
•    the right to cover the costs of a rental car;
•    the right to sue for replacement vehicle or your money back;
•    the right to get back any payments made on the vehicle.

There are so many vehicles that turn out to be lemons and this law is really on the consumers’ side. If you have a lemon law case, put your paperwork together and then contact a CA lemon law specialist.  Most attorneys that specialize in lemon law do not charge any out of pocket expenses and will only take a percentage of what they recover. If you don’t make anything, they don’t make anything. So make sure that you get a free consultation with an attorney that will also give you a free evaluation to check if you qualify under this law.

Don’t put up with your lemon car any longer. Take advantage of the lemon law. Get a full refund for your lemon car or take a replacement vehicle.

There are new and used car lemon laws to protect the people that get stuck with a vehicle that has many things wrong with it. Though the lemon laws vary from state to state most states lemon laws require certain criteria be met in order to be covered under the lemon law. The most common criterion that must be met is that the lemon car report must be done within a specific amount of time from the purchase of the transportation.

In order to qualify under all the lemon laws the new or used car should be used for personal transportation purposes. Commercially used vehicles such as delivery trucks, taxi cabs and other means of transportation used for business purposes primarily are not covered under the lemon laws.

If you have purchased new or used car and have experienced continuously repeated problems that have resulted in spending large amounts of time without use of the vehicle or have had to invest significant amounts of money in a used vehicle to repair it over and over again, you may be able to rectify the situation under the lemon laws.

If you are from California you should take legal advice from an attorney that is knowledgeable about the CA lemon law and find out if there is help for you if you have bought a new or used car that is a lemon.

If the vehicle you drive has a manufacturing defect affecting its performance, value or safety and if the manufacturer has been given enough opportunity to fix that defect but after a reasonable number of repair attempts the same defect occurs again and again then your car can be classified as a lemon. You are entitled to get a refund or replacement for your lemon car and need a lemon lawyer who will guide you through the entire process of lemon law claiming. Lemon lawyer is the person with specialization in lemon law cases.  The lemon lawyer is the one who will:

• Evaluate your lemon law case
• Provide you with consultation
• File the lawsuit for you
• Do all the paperwork for you
• Protect your rights and interests
• Help you get a refund or replacement

Sometimes even though the vehicle did not fall under lemon law, a skilled lemon lawyer had been able to obtain a handsome compensation or even a replacement on grounds of breach of warranty.

Lemon lawyer is well versed in the ways and the tricks of the trade. He knows what the manufacturer has on his mind and plays his cards accordingly. Lemon laws vary from state to state. So if you have a California lemon law claim you should find a lawyer specializing in California lemon law. Only skilled and qualified California lemon lawyer will be able to guide you through the intricacies of CA lemon law.

A competent lemon law attorney specializing in California lemon law will help you establish the validity of your lemon law claim and reach a successful resolution. In most cases, consumers prefer to get a refund for their defective vehicles including:

Purchase price

Price paid for the vehicle, including charges for transportation and options installed by the manufacturer, but not including charges for nonmanufacturer items installed by a dealer or the consumer.

Collateral charges

Official fees relating to the sale of the vehicle, including sales tax, license fees, and registration fees.

Incidental damages

Reasonable expenses relating to the vehicle problem for which the manufacturer is repurchasing the vehicle, including but not limited to the reasonable repair, rental car and towing costs, prepayment penalties, early termination charges and earned finance charges.

Attorney fees

A consumer who prevails in an action under Lemon law must be allowed by the court to recover costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the consumer in connection with the commencement and prosecution of the action.

Defective car repairs

The consumer is also entitled to recover repair costs. Repair orders and invoices are valuable documents for getting a full compensation for lemon car repairs.