Consumers who buy or lease vehicles with significant defects that remain unfixed after the California Lemon Law can safeguard a reasonable number of repair attempts, also referred to as the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act. It covers new and used cars, trucks, and SUVs purchased or leased for personal, family, or household use.
What is a Lemon?
Generally, lemon laws protect consumers from purchasing vehicles or other goods with multiple defects that significantly impair their functionality, safety, and value. These defects must also be genuinely unfixable after a reasonable amount of attempts are made to fix the issue.
Cars, trucks, motorcycles, mobile homes, and boat trailers purchased or leased from a dealer and covered under a manufacturer’s warranty typically qualify for lemon law. This also includes pre-owned vehicles under 18 months old with less than 18,000 miles if purchased or leased in California. Those who have had their cars or other products deemed lemons may be entitled to a buyback of the vehicle or the product, or it may be replaced with an equivalent item.
The Song-Beverly Act, California’s lemon law, and the federal Magnuson-Moss Warranty Act offer consumers the right to bring a lemon lawsuit against car manufacturers or other product providers when their new or used products fail to perform as expected. However, the law excludes vehicles sold in private sales by private parties. In such cases, consumers can file lemon lawsuits if the products are still under their original warranty and the defective product was repurchased or replaced within four years of when the warranty was breached.
How Do I Know If My Car is a Lemon?
Keep a few things in mind when buying or leasing a new car. First, make sure that the vehicle is under warranty. If it is, you could only take advantage of significant remedies under the lemon law.
You should also know that a car must have a severe manufacturing defect that substantially impairs its use, value, or safety to qualify as a lemon. A car may be deemed a lemon if it meets the essential specifications, but the manufacturer fails to repair it after a fair number of efforts. The exact number of reasonable attempts varies by state, but typically, the car must be out of service for either 30 days or a year to be classified as a lemon.
Finally, it is a good idea to take the time to inspect a used car before you buy it thoroughly. Look for significant gaps between body panels, indicating damage never fully repaired. Also, check for uneven tire wear patterns, as this could be a sign of a car that was previously in an accident.
If you may have bought or leased a lemon, contact experts like Timothy Abeel & Associates. They can assess the situation and help you get maximum compensation for your lemon vehicle.
What Are My Rights Under The Law?
Under California lemon law, you can be entitled to a refund, replacement, or cash compensation for defective vehicles. The law protects buyers of new and used cars that meet specific criteria. A vehicle must be brand-new or purchased as a used car with a manufacturer warranty that has not expired. Leased vehicles also qualify for protection as long as the original lease term began and the issues and a reasonable number of repair attempts occurred within that period.
The law states that a vehicle is considered a lemon if it has defects that substantially impair its use, value, or safety and if the manufacturer has been given a reasonable number of opportunities to repair the defect. Depending on the circumstances, a refund or buyback may be awarded, and reimbursement for incidental expenses such as towing fees and rental car costs.
Hiring an experienced lemon law attorney is essential to pursuing your claim. A lawyer can handle communication with the manufacturer on your behalf and promptly work towards a fair settlement. If negotiations are unsuccessful, your attorney can take the case to arbitration or court as needed. A lemon law case rarely reaches this stage, but the experience of your lawyer can make all the difference. An experienced law firm, such as certified mechanics and engineers, can also help you find expert witnesses to support your case.
How Do I Find a Lemon Law Attorney?
A lemon law attorney is a valuable resource in settling a warranty dispute with an auto manufacturer. An experienced lawyer can interpret and apply the state’s strict consumer protection laws to your case and guide you through filing a complaint and negotiating with the manufacturer.
When looking for an attorney, consider their experience and track record. Also, read reviews and testimonials to understand their professionalism and communication skills better. Choosing an attorney who will prioritize your best interests and work relentlessly to resolve your case favorably is critical. Additionally, they should thoroughly understand the state’s lemon law statutes and have extensive litigation experience in this area.
A skilled attorney will have a network of professionals, such as mechanics and engineers, to assist with your case. These professionals will help strengthen your claim by providing professional opinions on the vehicle’s defects. In addition, these experts can provide objective evidence to support your argument when negotiating with the manufacturer.
In many circumstances, a competent attorney may arrange a settlement without requiring the client to take any more action. However, the lawyer will be prepared to file a lawsuit if negotiations fail.