Lemon Law for California

It is somehow difficult to answer the question what lemon law is, because the law varies from state to state. Lemon laws are designed to protect the right of those consumers who buy a car that is defective or fails to perform or be the quality it should be. There is a federal law adopted to protect all the US citizens, but there are also laws in each state. State laws are different, but mostly they are meant to protect consumers that have purchased a defective vehicle. In some states the law does not cover used vehicles, while in others it also applies to other types of vehicles and products, including RV’s, motorcycles, boats, wheel chairs, and computers.

Pursuant to CA Lemon Law the vehicle is considered to be a lemon when it has defects that do not allow the vehicle to be safe or perform properly. In most cases the car buyer cannot see these defects during the purchase. If the car has been repaired for the same defect three or four consecutive times during the warranty period then it is considered to be a lemon.

The car buyer can benefit from lemon laws in two ways. First, if the vehicle is purchased and is defective then the breach of warranty occurred. This may include manufacturer warranties, which is, typically, 3 years and/or 36,000 miles, and extended warranties. Certified manufacture warranties are normally one year, while extended warranty usually begins after the manufacturer warranty expires and lasts starting from five years. Any cases involving warranty breach are in the realm of federal lemon laws. In case there are no warranties then it is considered t be violations of the consumer protection laws.

Understanding the state and federal lemon laws can sometimes be complicated, it is better to consult with an attorney in your state specializing in lemon law cases. An experienced attorney will be able to help you determine if your vehicle is a lemon or not, as well as advice you on your rights and options available.

What happens iin case the vehicle you just bought has a recurring problem? What if, even after numerous trips to the garage for repairs, the problem still persists? Are you to simply live with the problem? What if the problem is a safety hazard? Should you simply accept a manufacturer’s defect in your automobile?

Most states allow you to go directly to the manufacturers, not the dealers, and demand that either they replace your automobile or refund your money. Though there are laws that protect your rights as a consumer, filing a case is not an automatic guarantee of a new automobile or a refund. You must be able to prove that the car you bought has substantial defects that are not repairable. You must allow the manufacturers ample opportunity to repair the problem. Your dissatisfaction should also fall under a specified time and date that varies from state to state. This complaint is also applicable only to automobiles purchased for personal use. You are not allowed to name your vehicle a lemon if it is used for business.

If you only leased the vehicle and did not purchase it, then the lemon law does not apply to you. You may be able to file a case for breach of warrant against the manufacturer y, but the benefits of winning are not as extensive lemon law cases. In case the vehicle is no longer under warranty, then the claims available to you could be greatly limited.

The correct standard is defined when the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. We have seen few cases succeed with two repair attempts unless it’s a very serious defect which threatens the safety of the occupants of the car. “Within the warranty period” means exactly what it says: if your car has a drive train warranty for 70,000 miles and the drive train is defective, then you have 70,000 miles to have the manufacturer make the necessary repairs effectively. If they don’t fix the drive train, and if you have given the manufacturer a reasonable number of repair attempts, then you have a lemon law claim.

If the manufacturer also cannot fix the problem within the warranty period, and you notify the manufacturer or its dealership representative in writing within 60 days after the last failure to repair the problem, then the warranty does not expire as to that defect. If the consumer notified the manufacturer of its failure to repair the vehicle within 60 days after the last unsuccessful repair attempt, then the warranty does not expire as to that drive train defect.

There is something called the “lemon law presumption”, and this is the only part of the lemon law where there is a requirement of 4 repair attempts within the first 18,000 miles. This is a legal presumption that is affecting a lemon law lawsuit burden of proof. The plaintiff, normally, bears the burden of proving that he or she has given the manufacturer a reasonable number of repair attempts to fix the vehicle. If, however, the consumer proves that he or she brought the vehicle in for repairs for the same defect four times within the first 18,000 miles, or if he or she proves that the vehicle was out of service 30 or more days within the first 18,000 miles, then the law shifts the burden of proof to the manufacturer to prove that it was not given a reasonable opportunity to fix the vehicle.

The consumer gets the presumption benefit in case he or she has two or more repair attempts for a serious safety issue within the first 18 months or 18,000 miles.

Plenty of lemon law cases, as a practical matter, go forward without the lemon law presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer has a lemon law case.

• The manufacturer may want to buy your lemon back without any further action on your part. If the manufacturer gives you a hard time about buying back the lemon vehicle, you can hire an attorney or use the manufacturer’s arbitration program, if it has one. (Arbitration is an informal alternative to a court trial that is widely used to settle disputes.)

• Write a letter to the manufacturer describing the problems you’ve had with the vehicle, in order to document your case. Ask the manufacturer to “buy back” your car because it is a lemon. Send the letter by certified mail, return receipt requested, to the manufacturer’s address published in your vehicle’s owner’s manual. (manufacturers have to provide the address clearly and conspicuously in all new owner’s manuals.) Even if the manufacturer has a customer service number, don’t waste time by calling, because a letter is required to document your case.

• If the manufacturer doesn’t have a certified arbitration program, or you prefer to pursue your Lemon Law rights in court, you can file a lawsuit. In this case, you will need to hire an attorney. If you win, you should be reimbursed for your attorney’s fees, however many attorneys work on a “contingency” basis, which means you don’t have to pay your legal fees up front. It is best to hire an attorney who is familiar with Lemon Law disputes or consumer warranty law, as well as one who represents only consumer—not auto company—interests.

• Gather all documents that can help prove your case—your warranty, repair orders, reports of inspections and technical service bulletins. Make copies and submit them to the arbitration panel. The arbitration program should give you a hearing date withing 40 days. It is a good idea to go to the hearing to present your side. You may accept or reject the program’s decision. If you accept, the manufacturer is bound by the decision and has 30 days to comply. There is no appeal process for the manufacturer. Don’t be discouraged if you lose in arbitration—you can go to court to sue for a replacement or refund and most Lemon Law cases are settled in the consumer’s favor.

• Check if the manufacturer has an arbitration program. If you want to use arbitration, call to ask for an application form and a copy of the arbitration program’s rules, so you will understand the process that will be used in deciding your case.

The lemon law is legally known as the Song-Beverly Consumer Warranty Act, and is a great help for vehicle consumers when dealing with the very powerful automobile manufacturers. According to the law when a vehicle is considered to be a lemon the manufacturer is required to give the buyer a replacement vehicle of equal or greater value or purchase the vehicle back from them.

Of course there are certain qualifications that must be adhered to and met to be covered under this law. Besides the vehicle having to be still under warranty, it must have a condition that could cause injury or even death to those that occupy it. But that’s not the only way your car can qualify. There are many ways for you to qualify. And the best way to handle this is to go to an attorney who specializes in this law.

If your warranted vehicle (new or used, as long as it’s still under warranty) has tried to be repaired several times but you are still dealing with the problem, then you can qualify. Of course, you must have proof that you’ve tried to get the defect repaired.

Perhaps there have been a lot of attempts to repair your vehicle and it has been out of service for a long time. This law states that the warranted vehicle must have been in the repair shop for at least 30 days since the date of purchase.

The vehicle is used for personal use only and not used for business. Business vehicles do not qualify under the California Lemon Law.

Lastly, the problem with the vehicle cannot be trivial, such as a broken cup holder or something similar that does not impair use of the vehicle or could cause harm to the driver and occupants of the vehicle.

If you feel that you have a lemon vehicle you should contact an attorney that specializes in lemon law cases.

Los Angeles, CA, May 6, 2009 – A Leading California law firm specializing in car defects and the California Lemon Law announces that it still reviews and takes related cases against Chrysler LLC despite the latest revelations and bankruptcy filings by the nation’s third largest auto manufacturer.

On Thursday, April 30 Chrysler LLC filed for Chapter 11 bankruptcy to seek federal protection. The company introduced a reorganization plan which includes a partnership and merger with Italian automaker Fiat. Since American car sales plummeted in November of 2009 to their lowest in a quarter of a century, GM and Ford are likely to follow Chrysler’s footsteps. Following the bankruptcy announcement many attorney and law firms no longer accept or quickly drop any cases against Chrysler LLC. If you have a case or if your legal counsel has recently dropped your case on your behalf, contact The Law Offices of Hovanes Margarian. Their highly qualified team will be eager to give you necessary advice, review and assist you throughout your case if you are not represented by an attorney or a firm.

The law firm has been helping California consumers with all of their California Lemon Law, Dealer Fraud and related cases. The majority of Lemon Law cases are accepted on a contingency fee basis at absolutely no cost to the client, as manufacturers are statutorily required to pay the attorneys’ fees upon a verdict in favor of the plaintiff.

Feel free to contact us for more information about the offices and the areas of practice. Visit our sites at http://www.lemonlawcourt.com or call toll free 866-97-LEMON (1-866-975-3666) for a no cost consultation about your case.

“Lemon law” requires vehicle manufacturers to either replace vehicles that are determined to be lemons with a new vehicle of comparable value or to refund the purchase price. The process for filing a claim under your state’s Lemon Law varies from state to state, but the process often results in a lawsuit, which can drag out the process for both parties. 

Arbitration is an lawsuits alternative attempting to be fair to both parties in the dispute has been developed, this is known as. It is possible that arbitration is a required component of filing a lemon law claim. How does arbitration work? 

An arbitration panel consists of several individuals who are familiar with the auto industry, but not tied to it or employed by it in any way. Most owner’s manuals of new cars will outline the process of applying for arbitration; if not, you may contact your state’s Attorney General’s office. Arbitration participation process is often free; some states charge a nominal fee to file for an arbitration hearing. It is usually not necessary to have an attorney for the procedure, but you may hire one if you wish. There are a lot of attorneys specializing in Lemon Law cases; if you feel uncomfortable handling your claim yourself you may wish to consult with one. The process usually requires notifying the manufacturer in writing of the dispute and that your state’s arbitration panel be notified. Each side in the dispute presents their case, either in writing or orally, and the arbitration panel usually comes to a decision within 60 days. The vehicle owner is usually not bound by the decision and remains free to sue should the panel rule in favor of the auto manufacturer. 

Arbitration is a fster and simpler alternative to lawsuits involving auto Lemon Law claims. If you think your car is a lemon and you might need to file a claim under your state’s Lemon Law, you should first check with your state’s Website , or contact your state’s Attorney General’s office.

1. I cannot afford to pay an attorney to represent me.

In fact it doesn’t matter what you can afford to pay. Most states have provisions in the Lemon Law that allow for recovery of your attorney fees in the event that you have a lemon. Most reputable lemon law attorneys do not charge an up-front retainer of any sort. They rely on the merits of your claim and the applicable laws that we proceed under to account for collection of our attorney fees. While you have hired an attorney to represent you, you typically will not pay him anything out of your pocket.

2. The dealer cannot find a problem with my vehicle, so there is no case.

This is not true. Many problems that we encounter in our lemon law cases involve “intermittent” problems, that occur at random. Your duty as a car owner is to notify the manufacturer/dealership whenever these problems occur, and then to give them the opportunity to make a repair. If they cannot properly diagnose the problem, that is their concern, not yours.

3. The dealer has fixed the defect, so I do not have a case.

Lemon Law states that the manufacturer must fix the defect within a reasonable number of attempts. Established case law has held that the number of attempts that are “reasonable” are three (3). If the dealer/manufacturer cannot repair the defect after three tries, then you have a lemon law claim no matter what. If the dealer fixes the defect on the fourth or later attempt, you still have the ability to proceed with your lemon law claim.

4. I have a used vehicle, so I do not have a case.

Lemon Law only applies to “new” vehicles, including dealership demonstrators. There are other state and federal laws that allow you to bring a claim where the defective vehicle has a warranty on it. If the dealership does not make the repair after a reasonable number of attempts, an attorney can bring a breach of warranty claim under the other state and federal laws.

People with specialization in Lemon law cases are called Lemon law attorneys. A lemon law attorney will handle your case against the dealer and will help you to receive proper compensation.It is wise to ascertain with the help of your lemon law attorney, whether your vehicle can be regarded as a “lemon” or not. In spite of varying versions of lemon laws in varied states, it is possible to form a general definition. A vehicle with a severe manufacturing defect that has required repairing on more than four occasions or any vehicle that is not in working condition for 30 days or more within the first year of purchase, can be termed as a “lemon” and is covered by the lemon law.

You are eligible to file a lawsuit against your car manufacturer, if you own such a vehicle. The manufacturer may try to pull the stunt by saying that in your purchase / lease contract you have wavered the rights by agreeing on a certain clause or may try to persuade you for mediation or even may deny any liability. After receiving the notice of denial of your lemon law claims, let your attorney handle the case.

Your lemon law attorney will then write a letter to the car manufacturer and on receiving the reply (mostly a denial) he will file the summons and lodge a lawsuit. A competent lawyer with lemon law background and experience will help you to obtain a replacement or a refund for the disputed vehicle. He will make the manufacturer pay the cost incurred by you on repair and legal fees, too.

Though any attorney can fight a lemon lawsuit, it’s wise to go for a specialized one, with say, 20 years of experience in this field. The prior experience of handling the trials or hearing the similar cases enable the lemon law attorney to know the law thoroughly and to understand the concealed motives of the car company. You can find the reference of such lemon law attorneys in the Attorney Directory from the Resources for Attorneys, who also maintain a website. You can find a lawyer from the recommendation of a relative / friend or can contact the bar association for a lawyer referral service. The attorney should not charge for an initial consultation but you are required to keep your chequebook ready for the following phase. 

Therefore before taking a legal action regarding a defective automobile do not forget to consult a lemon law attorney.

“Lemon laws“ allowed owners of defective automobiles to seek compensation or replacement with the help of their respective states. Now all 50 states have some form of the lemon law.

“Lemon” is defined as a vehicle that:

Has a “nonconformity” that affects the use, safety or value of the vehicle, and

The nonconformity has not been successfully repaired after a “reasonable” number of attempts, and/or

The vehicle has been out of service for a total of a certain number of days for repair of the nonconformity.

Coverage typically runs anywhere from one year or 12,000 miles to two years or 24,000 miles. The specifics vary from state to state. Repairs that affect the brakes or other safety equipment need only one repair attempt to qualify as “reasonable.” Some states leave the option of replacement or refund to the manufacturer, but most give the option to the consumer.

In case you have a lemon make sure that you document everything relating to repairs of the vehicle, including when and where it was repaired, who signed the work order and what work was done.

Contact the manufacturer in writing, alerting them to the nature of the problem.

Consult with your state’s Attorney General’s office to learn how your state’s law affects you directly.

You may have to go through an arbitration process which involves both you and a representative of the manufacturer explaining your respective situations to a panel that will then provide a ruling. The arbitration ruling is usually binding on the manufacturer; they will have no recourse should the panel rule in your favor. If you don’t agree with the panel’s ruling, you still have the option of filing a lawsuit in court.

You may wish to hire an attorney to represent you; there are plenty of lawyers who specialize in lemon law cases, and they can probably bring the case to a solution more quickly than if you handle the case yourself. Be sure to contact your state’s Attorney General’s office regarding the specifics of your own state’s lemon law. You don’t want to miss a deadline, or you could be stuck with your lemon for a long time.