Lemon Law Requirements
Lemon Law Requirements
How to Navigate the Laws and Regulations Concerning Lemon Law?
Lemon law is a consumer protection law that protects consumers of automobiles from the hassle of repeatedly fixing issues with their cars. The law protects the consumers who have either bought or leased cars, and the owners spend days repeatedly fixing the issues while the car is still under the manufacturer’s warranty.
Where you purchased or leased a vehicle from a dealer and have repeatedly gone back to the dealer to fix the same issue, and the manufacturer cannot repair it, you may have a lemon in your hands. The manufacturer is bound under the law to either replace or refund the money you spent for the defective car after several attempts to repair the car has failed.
At The Rezvani Law Firm, The Accident Duo focus on providing you with the best and most experienced legal representation for lemon law matters and any personal injury. Our legal services protect our client's rights and interests even when dealing with defendants who stand at a higher balance of power or have higher bargaining power.
We offer free consultation and case evaluation to our clients. We are dedicated to achieving success for our clients through the tools and resources we possess by litigating your claim before a jury. We have a policy of zero fees unless you win the case and receive compensation as an injured party.
What is Lemon Law?
Motor vehicle purchases or leases go smoothly, but sometimes a purchaser may buy or lease a defective motor vehicle from a car manufacturer or a car dealership. Under the warranty period, the defective vehicle may continue to perform defectively despite repeated repair attempts from the dealership or manufacturer.
You may incur financial costs during the whole process and spend a lot of time following up on the repairs being done. The dealership and manufacturer almost always deny culpability and may claim that you are liable for the defect, it is not a lemon, or that the warranty does not cover that defect and many other claims.
At this point, you should consider prosecuting the matter with an attorney that is qualified in lemon law matters, which is where we, The Accident Duo, come into play to guide you throughout the litigation process and fight for your best interests.
The Consumer Warranty Act in California protects consumers who purchase or lease a defective motor vehicle. Manufacturers and dealerships must fulfill the warranty promises and attempt to fix the issue in the motor vehicle. Where the manufacturers cannot repair the defects after trying for a reasonable number of attempts, then the vehicle is a lemon, and they should compensate you.
Manufacturers compensate you where your car is a lemon either by refunding the costs you spent purchasing the defective vehicle or replacing the defective vehicle. The manufacturers are also bound to pay the attorney fee for the litigation process.
When is your motor vehicle a lemon?
There is no standard test that qualifies your motor vehicle to be a lemon. The courts evaluate matters on a case-by-case basis to determine whether your vehicle has accrued the status to be considered a lemon. There have been repeated attempts to repair an issue, but the manufacturer has failed to fix it permanently; your vehicle is considered a lemon.
Three circumstances must happen together for a rebuttable presumption to be activated that your motor vehicle is a lemon:
The defect is covered by warranty, and the warranty period has not lapsed during the repair attempts.
There have been many reasonable attempts, at least four, to repair the vehicle that have not been successful. There should be at least two or more attempts in situations where the defect may lead to serious injury or death, such as brake defects.
The motor vehicle has been in repair for at least thirty days for a sub-total of at least thirty days.
Having these circumstances increases your bargaining power and may pressure the manufacturer to enter into a settlement, but it is not a definitive win. You must have comprehensive documentation of the repairs concerning any defect as evidence that they were aware of it and the repairs conducted.
The documentation must reflect the actual opinion that the manufacturers expressed on the defect, what they discovered, and the number of repair attempts. Where the manufacturers or dealerships admit that they cannot fix the defect, ensure you get that in writing, so you have evidence to table if the defendants claim that you did not do enough on your part to fix the issue.
The Accident Duo will offer you a client-friendly and personalized legal experience in the litigation process for lemon law claims. We do not pre-litigate with the manufacturers but instead opt for litigation that is not burdensome for you. The Accident Duo understand that you may be anxious about litigation, so we commit to easing and simplifying the process.
Lemon Law Remedies
Suppose the court determines that you are entitled to compensation. In that case, you choose between receiving a refund for the losses you have accrued or receiving a replacement motor vehicle from the manufacturer.
Manufactures are entitled to deduct the value you have derived from the motor vehicle by measuring the mileage when making refunds for:
The attorney fee.
The amount spent on repairs.
Registration fee, taxes, and lease payments.
Time value spent in correcting defects.
Deposits and down payments.
The loss of usage.
Where the motor vehicle does not qualify to be considered as lemon as it has no substantial impairment, the manufacturer is required to compensate you in cash for the motor vehicle's diminished value. You receive money, keep the motor vehicle, and the remaining warranty period will be in effect.
The Accident Duo are committed to walking with you in the lemon law process for your motor vehicle under warranty, including your business vehicles. We will engage in the dispute to grant you a competitive advantage to ensure that you are compensated.
Call our offices today and speak to an experienced Accident Lawyer to properly protect your interests and rights.
Call us today at (310) 694-9500 for a free consultation.