California lemon law ensures consumers aren’t stuck in defective vehicles sold by the manufacturer and dealership. With so many legalities involved in filing and fighting lemon law cases, there are particular steps that must be taken to win the claim, especially when heading into California court to prove the case. With a qualified law firm working for you, there’s a higher chance of getting the settlement you deserve.
The Lemon Pros have the experience you are looking for, whether your case is settled easily through arbitration or it heads to the California Supreme Court. After securing thousands in settlements for other clients, we are ready to take on your case. Contact us for a free consultation today.
In this guide, we cover the basics of lemon law and discuss some relevant cases. We also explain how to file warranty claims, and give you tips to maximize the settlement.
The Song Beverly Consumer Warranty Act is California’s lemon law. It states that manufacturers and dealerships are responsible if they sell defective vehicles when a warranty is included. Lemon law provisions most often deal with new cars, but there are also provisions for used cars.
Because of lemon law, consumers no longer need to be stuck in cars that don’t operate as intended. Consumers are protected from spending their hard-earned money on vehicles that fail to perform. Without lemon law, the road would be filled with defective vehicles that are either unsafe to operate or a nuisance to the driver.
One of the most common questions we hear is – How do I know if I have a lemon? While the legal definition of a lemon varies by jurisdiction, the laws are the same throughout California. In fact, the state has some of the best legal protection against lemons in the country.
For a new car to be considered a lemon, it must be covered under the factory warranty. The first problem must have occurred within 18 months or 18,000 miles of taking ownership of the vehicle, whichever comes first. The timeframe is different for used cars based on the length of the warranty.
Defects must substantially impair the use, value or safety of the vehicle. This stipulation is broad and encompasses almost any fault that is covered by the warranty. An example of a serious safety issue could include defective seatbelts, while malfunctioning air conditioning can affect the value and use.
Furthermore, the driver must allow an authorized dealership the chance to repair the defect. With serious safety issues involved, the dealership has two repair attempts to resolve the problem. Otherwise, four attempts are required before a claim can be filed. Either way, the dealership cannot hold your vehicle for more than thirty days total.
California tends to side with the plaintiff in most lemon cases as long as the documentation proves a defect that complies with the previously discussed terms. However, there are instances when California takes the law further to expand protections. One such example is in Gavaldon vs. Chrysler. In this case, the plaintiff sued Chrysler because of a transmission problem after the expired warranty. However, the courts eventually ruled in favor of the plaintiff because an additional service contract was purchased, and that was considered coverage.
Used cars have also been in the spotlight. Take the Johnson vs. Ford Motor Company case as an example. The plaintiffs purchased a used car and sued Ford Motor Company for trying to conceal its history of defects. In the end, the client received more than $17,000 in compensatory damages, and Ford was assessed punitive damages of $10 million. It’s likely that this resolution profoundly affected Ford Motor warranty cases following it, which is the purpose of having judgments entered in the California courts.
Despite how comprehensive the Song Beverly Consumer Warranty Act is, there are still pitfalls that can trap consumers and cause them to lose their case. When filing warranty claims, it’s best to have a qualified attorney working for you. The Lemon Pros have the experience you are looking for, securing millions of dollars in settlements. Contact us today for a free case evaluation.
If you wish to obtain a cash settlement for your defective car, the steps you take from the beginning make a big difference.
For the highest settlement agreements, you must consider every step you take carefully. For starters, you must keep impeccable records of everything that occurs. Not only do you need the sale contract outlining the original purchase price and all of your expenses, but you also want the paperwork for the warranty. With implied warranties, it can be a little more difficult to have paperwork, as these guarantees are considered to meet basic quality levels.
With your records, you also want documentation of every repair and the outcome. Keep a running log of everyone that you’ve spoken with as well.
The next step is to report the problem your vehicle is experiencing to the dealer. A demand letter is sent to the dealership and manufacturer outlining what you have tried to remedy the problem and what you are requesting, whether it be a new car or a full repurchase of the faulty vehicle. If you like the vehicle, you may also demand more repairs. For example, if there have been engine problems that can’t be resolved, you can ask for a new engine.
In your letter, don’t forget to outline how many repair attempts have already been allowed and explain that you’ve permitted a reasonable number. In many cases, the manufacturer does receive one more final attempt to get the repair correct.
Prior to filing a claim, it’s best to secure a lemon law attorney. Working with an experienced lawyer not only reduces the stress of the claim but also ensures a better outcome.
Before going to court, a claim is filed with the manufacturer and dealer. In some cases, there are binding arbitration provisions that allow for a third party to mediate the case. The arbitration provision is beneficial to the manufacturer, but it can also keep you from going to court.
If you can work out the issues through arbitration or mediation services, your case will be much shorter than one that has to litigate. Your case could be worked out in as little as a month, depending on how receptive the manufacturer is. Going to court is a much longer process, between waiting for a date and pleading the case through oral arguments. However, each individual case is different.
Either way, acting promptly and filing the claim as soon as you can is crucial to a speedy outcome. You don’t want to delay buybacks or a ruling for a refund because you waited too long.
There are multiple outcomes that can occur from your California lemon law claim, regardless of whether you go through arbitration or your case ends up in the Third District Court of Appeals. Here are the most common.
In the state of California, the attorney fees can be paid by the manufacturer. You may not have to pay anything out of pocket until the case is won. This is true whether your case is mediated or ends up in litigation.
Even with an expert attorney working with you, there could still be some challenges to overcome. The manufacturer may initially deny your California lemon law claim and blame you for the defect. However, an experienced lemon lawyer won’t quit on the case until they’ve exhausted every possibility. If needed, your rights might be enforced in a jury trial.
Furthermore, between proving the case and negotiations, the resolution may take some time. It’s important to be patient during this time and allow your lawyer the room to make decisions on your behalf. An attorney knows how to negotiate to get you the best outcome.
Another challenge is insufficient documentation. You can still file a California lemon law claim without all of the records needed, but the case is going to be weakened. Without the original sales contract, the warranty paperwork, and repair orders, you have less to prove a breach of contract.
Many people also attempt to file a claim on their own or with an unqualified attorney, only to get denied. Working with an inexperienced lemon law attorney is just as bad as filing alone, as you could end up with less or no compensation for your time. The key to a successful claim is to learn how to find an expert California lemon law attorney. With the lemon law attorneys from The Lemon Pros involved, clients have received higher payouts and faster resolutions. Contact us today for a free consultation to discuss your claim.
If you don’t want to deal with the hassle of filing a claim against the manufacturer or dealer, it’s best to figure out how to avoid buying a lemon car in the first place. We can’t stress enough the importance of doing research before buying a car. Use sources such as Edmunds and J.D. Power to see how well a car performs.
If you plan to purchase a used car, you have further issues to consider. First, you want to know the vehicle’s history before buying it. You can pay for a used car history through CARFAX. It also pays to get a used car warranty through the dealership if you want lemon law protection.
Whether you purchase a new or used car, make sure you take a test drive. If you aren’t sure what you are looking at or what to examine, get a pre-purchase inspection by a third-party mechanic. These extra steps may add time to the purchase, but they save you the hassle of dealing with a lemon.
The success of your lemon law claim is closely connected to the representation you have and how prepared you are. Hold the manufacturer to their obligations when you seek assistance from professional lemon law attorneys. You have rights, and we know how to fight for them. Whether you need help calculating the lemon law buyback amount with the trade-in value factored in or you are concerned about a contract, we can help.
The Lemon Pros have been a part of thousands of claims where the client receives a massive payout. Don’t be limited to your own knowledge and skills when fighting against the big manufacturers. Instead, choose the best lemon law attorneys in California to stand by your side. Contact us today for a free consultation to get the ball rolling, and let us help you get the compensation you deserve.
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Email: info@thelemonpros.com
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