Lemon Law for California

The “repair order” and “invoice” are important documents that can play a crucial role to a Lemon Law case. Lemon Laws in most states take into consideration the number of times you visited the dealer to get a particular defect corrected to determining whether a vehicle qualifies as a “lemon.”

Dealers can create a problem by what is known as the “open” repair order. For example a customer has a “repair order” written (and gets a signed copy of it). Then the car dealer calls and informs “we had to order a part, come on by and pick up your car, we are going to hold the repair order ticket open until the part comes in.” In this case you should refuse to take the car. If the car is available to drive, but parts are on order, then you need have the dealer close out that repair order and give you an invoice when you pick up the vehicle. You are entitled to a closed repair invoice that accurately reflects what the dealership did to diagnose your written complaint, what parts are on order, the “date in/date out” as well as “miles in/miles out”, giving you a record of that repair visit.

By following the information outlined above, you will avoid having two repair attempts by the dealer turning into one, because they otherwise were going to “hold open” the repair order and only give you one invoice after parts had come in, and repairs were completed.

Most often the consumers who have a problem with their new vehicle go to their dealer asking for help, rather than demanding the dealer to fix the vehicle or provide a solution to their problem. Car buyers will most often go to the dealership owner, manager or other “high level” personnel and ask for assistance and answers. However, it is important for a consumer to understand that the auto dealer is typically not responsible to buy your new vehicle back or replace it in the case of Lemon Laws. If your vehicle is a Lemon, you should first turn to the vehicle’s manufacturer and not the dealer, as the dealer did not build or warrant the vehicle, so it is not responsible to repurchase or replace it.

Some dealers will be eager to help or assist the customer who wants to get rid of their defective vehicle. The dealer may contact the manufacturer’s area representative. The results of a visit by the factory representatives are generally another opportunity for the automobile manufacturer to simply attempt a repair to the lemon vehicle.

Of course, this can be an effective way to get assistance, if the car buyer only wants to get their vehicle repaired correctly and keep it. However, if they want to take advantage of a lemon law claim, having the defect repaired again can turn out to diminish or remove a consumers basis to enact a claim under their state’s Lemon Law. In these cases consumers should contact a qualified Lemon Law attorney in their state for legal guidance as to what their rights and potential remedies are in their state for Lemon Law protection.

A consumer may define a “lemon” as a vehicle that simply spends too many days in the dealership’s shop, or the same problem happening over and over again, or just a lot of different problems, spoiling the “new car experience.” Pursuant to Lemon Laws in USA, vehicles must meet specific criteria to be considered a lemon. These laws vary from state to state. Most often, lemon vehicles are determined by a specific number of repair attempts, a specific number of days in the shop, a specific safety defect, or other requirements.

Finding out if your vehicle is a “lemon” may have a lot of difficulties. Typically, car dealerships and their personnel can’t tell you if your vehicle is a “lemon”. Remember, that they are not attorneys and don’t know the law. The same can be said about auto manufacturer. The phone representatives within their “customer assistance centers” won’t be able to tell you if your vehicle qualifies under your state’s Lemon Law.

If you want to find out if your vehicle qualifies under your state’s Lemon Law, the best thing to do is to contact a Lemon Law attorney, who is informed about your state’s Lemon Law. Most Lemon Law attorneys will offer a free consultation and evaluation of your situation.

A “lemon” is a vehicle which has a defect or combination of defects which cannot be or are not repaired within a reasonable time period or in a reasonable number of repair attempts. These defects can range from the transmission or engine to mechanical repairs or issues with a car’s navigation system or windshield wipers.

Lemon vehicles include both safety- and non-safety-related issues. Problems related to safety include issues with:

• Airbags

• Steering and alignment

• Transmission - sudden lack of slipping, acceleration, over-revving

• Stalling or shutting off

• Headlights

• Brakes

The problem, other times, is not related to safety, such as a transmission noises, grinding and clunking; electrical problems with the radio, locks, windows or air conditioning; or cosmetic issues, such as defects in car molding. Contact us in case you have any of these problems during the warranty period of your vehicle.

• 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.

If you lease or purchase a car in California and then discover that it has defects that substantially affect its safety, use or value, state law may help you gain satisfaction from the vehicle’s manufacturer. While the law cannot help everyone with a “lemon” (a problem car), and some people may have to hire an attorney to get their cases resolved, the law does create important rights for car buyers. This brochure gives basic information on how the law helps people get their cars repaired or replaced under warranty. (A warranty is a written guarantee poving that the vehicle is of good, sound quality.)

Even if in your casethe Lemon Law does not apply , many other state and federal laws may protect you. These include laws that prohibit deceptive practices, require truth-in-lending and mandate that vehicles meet minimum safety standards. Most consumer laws provide receive for you to at least a refund and your attorney’s fees.

In regards to a motor vehicle, a “lemon” is an automobile which has a defect or combination of defects which cannot be or are not repaired within a reasonable time period or in a reasonable number of repair attempts. These defects may range from the transmission or engine to mechanical repairs or issues with a car’s navigation system or windshield wipers.

Lemon vehicles common misconception is that yours must “qualify” as a lemon in order for you to seek financial relief. State-specific lemon law standards vary, and what may qualify as grounds for a lemon law claim will depend upon your particular case. For this reason it is always recommended that you consult a lemon law lawyer in your area to see if your vehicle might be a lemon.

Lemon law applies to your case in different ways, depending on your state. However, the general purpose of lemon laws is to give consumers the opportunity to take legal action against manufacturers or dealers who create or sell defective automobiles. The majority of lemon law claims settle out of court. This means that the dealer  and/or manufacturer  will give a cash settlement to the consumer or may work out another method of resolving the claim without a judgment in court being necessary. The desired result is to free the consumer of the lemon without the consumer suffering any losses.

If you were lied to or mislead by the manufacturer or dealership, it may be possible for you to take additional legal remedies, including financial damages of up to three times your losses. The right lemon law lawyer will determine how your state’s lemon laws can protect you and bring the responsible party to justice, regardless of your particular situation.

The Lemon Law in California is set up so that the purchaser of a vehicle can seek a refund or replacement of their vehicle so long as the vehicle has:

• Been taken in for service on more than four (4) occasions for a defect that substantially impairs the use or value of the vehicle;

• Been taken in for service onmore than two (2) occasions for a defect that is likely to cause serious injury or death; or

• Been in service for more than thirty (30) cumulative calendar days.

A legal presumption that the vehicle is a lemon it created in case any one of the above requirements is met, and you may be entitled to one of two options, at your choice:

1. A new vehicle, which is similar, or the same to the one you own and a refund for miscellaneous costs associated with the vehicle ;

2. A complete refund, including license, tax, registration, miscellaneous costs associated with the vehicle, and all the payments made on the vehicle.

Both of these are a mileage offset subject , which is calculated according to a set formula we will be happy to explain to you.

A lemon is described as a vehicle that has had repeated warranty repair work for a defect or defects that impair the use, value or safety of the vehicle. The primary warning signal to the dealer that they have sold a lemon is when the buyer brings the vehicle into the dealership for a second attempt at repairing the same problem.

At this point, the dealer, not financially motivated to deal with a lemon, sometimes tricks the buyer in an effort to get out of responsibility. This includes, but is not limited to, the excuse that the buyer does not know what he or she is talking about, and that the defect is actually not the dealership’s fault.

Other dealer “deflections” include explaining that the car was actually designed to operate that way, claiming after several repair attempts that no problem was found, and simply avoiding the customer by not returning calls or claiming that they can’t take the car for repair now.

Cars should be dependable enough for buyers that one repair should fix a problem for a very long time, if not the entire lifetime of the car. California has many lemon law attorneys ready to work to make sure the lemon law is enforced. Enjoy the car deals but beware of a lemon.

You have bought a new car or a new motor home. As you drive it back to your place, you begin to hear strange, mechanical noises. You know that something is very wrong by the time you pull into your driveway. You fear that you might have bought a lemon. What do you do?

Whether purchasing a new  boat, car, or motorcycle, you have rights under the California Lemon Law. We have several suggestions as you pursue your rights.

First, contact the manufacturer to file a formal complaint. This allows them  to rectify the situation properly. If you send a letter you create a paper trail that will be important if they are unable or unwilling to resolve your concern. In your communication be certain to mention that this is required under California’s Lemon Law.

It is important to have notes of all the communication taking place between you and the manufacturer of the product. Record the name of the person with whom you spoke, where they were located, when the communication took place, and what was discussed. You will have all information in one place, as we recommend keeping a single file on the topic.

Lastly, do not sign a release until you have consulted a lemon law and consumer protection lawyer. Do not accept low offers for refund or repurchase, as you are entitled to the full value of the product.