California lemon laws protect consumers who purchase or lease vehicles with persistent problems that the manufacturer hasn’t been able to fix. These defects must significantly impact the vehicle’s use, value, or safety.
Knowledgeable attorneys specializing in lemon law can help you navigate the legal process to secure the remedies you deserve. Here’s how they can assist you:
Help You Document Your Case
When consumers buy big-ticket items like automobiles, boats, RVs and trucks, they expect that manufacturers have thoroughly inspected and tested them for defects. Unfortunately, that isn’t always the case. Suppose your new car, truck or boat continues to break despite multiple repairs, and the manufacturer refuses to repurchase or replace it. In that case, you may have a California Lemon Law case. An experienced California lemon law lawyer can help you file the necessary paperwork, negotiate with the manufacturer and fight to ensure you get the compensation you deserve.
Experienced lemon law attorneys have handled hundreds of cases like yours, so they know the ins and outs of California’s Lemon Law. They are also familiar with the specifics of your claim and have a proven track record of success. They work as your advocate and will do everything possible to secure you the maximum amount possible.
Also, a reliable attorney will never charge you out-of-pocket fees or retainers. They understand that you are already dealing with enough financial burdens, so they should only be compensated when they win your case. That way, they will be highly motivated to work quickly and efficiently to secure a speedy buyback or resolution for your case.
Negotiate With Manufacturers
The federal Lemon Law (also called the Magnuson-Moss Act) and California’s Lemon Law ensure that consumers who purchase a faulty product, such as a vehicle, get compensated fairly. In most cases, a car that qualifies as a lemon can be returned to the manufacturer or settled in arbitration. A Lemon Law lawyer can help you decide whether to go to arbitration or court and assist with negotiations with manufacturers to secure a fair settlement.
Manufacturers will often mount several defenses to your Lemon Law claim, including arguing that you did not give them enough chances to fix the problems or that the issues were caused by other circumstances beyond their control. Your lemon lawyer can give you the confidence and skills to stand your ground with these manufacturers, ensuring your rights are protected.
In some cases, manufacturers may offer you a cash settlement for your lemon, but this can be a bad idea if the vehicle meets the requirements of California’s Lemon Law. Instead, your lemon law attorney can work to get you a full buyback or replacement of the car, along with payment for any incidental or consequential damages. Be careful to avoid large nationwide law firms encouraging you to take a quick cash settlement, as these companies typically have minimal experience with Lemon Law claims in California.
Take Legal Action
All 50 states and the federal government have some lemon laws, which can apply to vehicles and other products. California’s is called the Song-Beverly Consumer Warranty Act, and our attorneys have extensive experience interpreting it and using it to protect consumers.
The law mandates that the manufacturer repurchase or replace a vehicle if it has significant problems or many repair attempts. Compensation can be in the form of a cash refund, a new replacement vehicle or both. In addition, the manufacturer can be required to pay civil penalties if it willfully violates the Lemon Law.
It is important to understand that to be eligible for compensation under this law, the problem must first occur during the express warranty period. The problem can also result from normal wear and tear, but it must be significant enough to significantly impair the vehicle’s or product’s use or value.
It is common for automakers to offer a buyback agreement in exchange for releasing your rights under the Lemon law. Still, these releases are often hidden within a fine print release that may contain attorney fees and other expenses that can greatly reduce your overall recovery. Our lawyers will review any settlement offers with you before you sign and ensure you receive everything you deserve for your troubles.
Represent You in Arbitration or Court
When consumers have a legitimate lemon, they may be able to pursue remedies, including a buyback or refund. A lemon law attorney can help ensure that these remedies include the return of all down payments, trade-in values, monthly payments, and payoffs for the loan on the vehicle. Additionally, a lemon law lawyer can help ensure that the manufacturer pays for all the expenses a consumer incurred due to the lemon, such as lost wages and gas costs.
A lemon law attorney can also represent a consumer in arbitration. This is a process in which a third party hears the evidence and makes a decision. Some manufacturers require consumers to agree to arbitration before filing a lemon law claim in court. However, consumers must understand the arbitration process before deciding on it. The manufacturer can influence arbitrators and may not be unbiased. Additionally, the resolution reached in arbitration is non-binding.
Although many states have legalized forced arbitration, this is only sometimes a good thing for consumers trying to utilize their lemon laws. A California lemon law attorney can fight against forced arbitration and help consumers regain access to the court system, which they can use as a taxpayer.