#1 Lemon Law Lawyers in Fresno

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The Tanner Consumer Protection Act applies to many different types of vehicles. Motorcycles, boats, and recreational vehicles are all covered by this law. New and used vehicles can both qualify as lemons, as long as the repairs occurred within the qualifying period of eighteen months from delivery and within 18,000 miles on the odometer.

But what qualifies a vehicle to be considered a lemon under California’s Lemon Law?

• Repair Attempts: A vehicle is considered a lemon if the dealership cannot repair it after a reasonable number of attempts within the warranty period. This number can be as low as two under certain circumstances.
• Time in the Shop: If your vehicle has spent 30 cumulative days in the shop, it may also qualify.

For vehicles that meet these criteria, the manufacturer is required to either refund the buyer or lessee all money paid for the vehicle, including paying off the outstanding loan balance, or replace it with a comparable vehicle.

The lemon law also covers leased vehicles, provided the lease was made with a warranty. Damages are calculated differently in lease cases than purchase cases. In a purchase case, you could be entitled to a refund of your down payment, finance charges, or other payments made toward the lemon.

In a lease, you may be entitled to the refund of your lease origination fee or any lease payments made while the car was being repaired. There could be offsets for the miles that you put on the vehicle when it was in service.

Whether you bought or leased, whether the vehicle was new or used, and regardless of the type of vehicle you have, California’s lemon law is in place to protect you.

The Tanner Consumer Protection Act is one of the strongest Lemon Laws in the United States. A manufacturer of a lemon can be required to replace your new vehicle with one that is not defective. It may also require the manufacturer to repurchase the vehicle from you (with deductions for the mileage that you put on the car).

The manufacturer can also be required to pay for consequential damages (such as the cost of a rental car while your lemon was being repaired), as well as your attorney’s fees. Be sure to document all costs you incur because of your vehicle’s defect.

These costs could include lost wages if you had to take time off work to deal with your lemon, or Uber and Lyft fees while your car was in the shop, or even a hotel fee if you were stuck out of town because your car broke down on you. If it can be proven that these expenses were related to the manufacturer’s neglect, you can be reimbursed for these losses in your Lemon Law claim.

California’s Lemon Law also allows additional penalties against manufacturers that “willfully” violate the Tanner Consumer Protection Act. These punitive damages are meant to punish manufacturers that try to get away with selling lemons and discourage other auto manufacturers from trying to take similar shortcuts that hurt consumers. The law allows awards of up to two times the cost of the actual damages you proved.

If, for example, your repurchase and financial losses were $25,000, it could be possible to get an additional $50,000 if it could be proven that the manufacturer willfully ignored the law and tried to get away with selling you a lemon. Punitive damages are not always available, but they can result in significant compensation for the inconvenience and stress you endure in dealing with a new vehicle that turns out to be a lemon.

Be sure to consult with an experienced lemon lawyer who is on your side so that you can get an honest legal opinion about whether these punitive damages might be available in your case.

The Tanner Consumer Protection Act provides for attorneys’ fees. This means that your attorney can be paid through your claim without accepting any money initially. Each case is different. The important thing is to be sure you at least consult with a lemon law attorney in Fresno so that you understand your legal rights.

The experienced Lemon Law attorneys at The Lemon Pros offer free consultations. We can discuss your case with no obligation, and we require no upfront fees to discuss your case at a consultation. Do not be afraid to at least consult with a lawyer about your potential lemon law claim.

In general, people with civil claims (like a lemon law case) recover more money when they have an attorney in Fresno than when they handle their claims on their own. There are many reasons for this. First of all, an attorney knows how to prove your claim effectively. It can be challenging to know what evidence to present or how to overcome the other lawyer’s objections if you have never handled this particular type of claim before.

The experienced California Lemon Law attorneys know how to present a persuasive case to a judge or jury. Second, an attorney knows all the different types of compensation to which you are legally entitled. You may not know that you are entitled to punitive damages. As we have seen, those can be significant, and you could miss out on thousands of dollars in compensation if you do not know how to prove that you qualify for these punitive damages.

A lawyer will also help you consider all the many expenses that could be related to your lemon. You might not think of all your lost wages, rental car fees, Uber receipts, and other losses. A lawyer will help you gather evidence of all the financial losses you have suffered so that you do not miss out on any compensation you are owed.

Timing is Crucial

It’s important to contact a Lemon Law attorney before accepting any offer from the manufacturer. Many consumers reach out after receiving a weak and unacceptable offer. By then, it could be too late to fully leverage legal support. Acting promptly ensures you don’t lock yourself into a lower compensation than you deserve.

Perhaps most importantly, a lemon lawyer will fight on your side. Auto manufacturers hire armies of lawyers to defend legitimate claims against them. If you do not have your own lawyer, you will have to deal with the power of a large company’s entire legal department on your own. It can be nearly impossible to defend your own legal rights in this situation.

The manufacturer’s lawyers are not on your side. They might say that you have a weak case, or that you aren’t entitled to very much compensation, or that you don’t have a case at all. These people are not on your side. In fact, they are actively working against you to pay as little as possible.

You should never take this type of legal advice from someone who is on the other side. Only your own lawyer can give you the best advice about your legal rights. Your lawyer will also be able to stand up to the power of a large corporation with an extensive legal department. Doing this is the best way to ensure that your legal rights are protected.

Over the past few decades, it has become common for auto manufacturers to include mandatory arbitration clauses in their purchase agreements and written warranties. Doing this means that the customer is contractually obligated to go through arbitration before he or she may file a claim in court. Some manufacturers try to use this process to discourage consumers from filing their valid legal claims.

The Tanner Consumer Protection Act is separate from your written purchase agreement or warranty. As a result, you have the right to file a lemon law claim under this act, regardless of what your written purchase agreement or warranty requires.

Arbitration can sometimes be a useful tool for resolving legal claims without the time and expense of litigation. It is up to you and your lawyer, however, to decide whether this is the right way to handle your particular lemon law claim. The auto manufacturer cannot force you to arbitrate a lemon law claim that is separate from your contractual rights in your purchase agreement or warranty.

Most standard vehicle warranties are longer than the eighteen-month, eighteen thousand mile requirements of the California Lemon Law. This means that you may be past the time to file a lemon law claim if your vehicle is also out of warranty. However, the Tanner Consumer Protection Act focuses on when the repairs were performed.

If your vehicle was still under the eighteen-month delivery window and under 18,000 miles at the time the repairs were performed, you could still be entitled to relief under the Lemon Law, even if these repairs did not fail until after your vehicle came out of the warranty window. Extended warranties and service plans are generally not covered by the lemon law because they cover repairs made after the lemon law window has closed.

Additionally, it’s crucial to note that if your vehicle was covered by the original manufacturer’s warranty—not an extended warranty—at the time the defect(s) were first experienced, you may have a valid claim under the Lemon Law. The law applies more thoroughly when the defect is identified and documented within this original warranty period.

As you can see, the timing of repairs is critical, and this can become complicated when your vehicle also has a warranty or extended warranty. Always consult with a lemon lawyer to be sure you understand how these timelines apply to your particular case. You should never assume your vehicle will not be covered without discussing your case with a lawyer. If you do, you could walk away from thousands of dollars in damages to which you are legally entitled.

Having your vehicle in the repair shop for a total of 30 days can be a pivotal factor in determining its eligibility for a manufacturer’s buyback or replacement under many state lemon laws. This criterion is essential because it indicates that the vehicle has spent a significant amount of time undergoing repairs or waiting on parts, which hinders its primary utility and reliability for the owner.

Here’s what this generally means for you:

• Potential Lemon Law Claim: In many jurisdictions, if your vehicle has been out of service for an extended period, such as 30 cumulative days, it may strengthen your case under lemon laws. These are regulations designed to protect consumers from defective vehicles.
• Proof of Persistent Issues: Being in the shop for 30 days typically implies that the car has persistent or recurring problems that have not been adequately resolved. This situation can demonstrate to manufacturers or dealerships that the vehicle is not meeting quality standards or working as expected.
• Eligibility for Remedies: Depending on the specific lemon law applicable in your state or country, reaching the 30-day threshold may entitle you to specific remedies. These can include a replacement vehicle, a refund of the purchase price (potentially minus a use fee), or even monetary compensation.

Overall, tracking the cumulative days your vehicle is in the shop can be crucial for exercising your rights and potentially securing a more reliable solution.