Did you know that California Lemon Law applies to trucks? Truck owners have important legal rights when they buy or lease a defective vehicle. It is important to consult with a California lemon lawyer as soon as possible. The sooner you have an experienced consumer protection lawyer fighting on your side, the better protected your legal rights will be. The experienced California lemon attorneys at The Lemon Pros are here to answer all of your questions about lemon law claims.
California lemon law is state-governed, although there are also federal regulations that protect consumers. The Magnuson-Moss Warranty Act provides further federal protections to anyone who buys a defective vehicle. A qualified California lemon law attorney understands the ins and outs of these regulations, ensuring that consumers are adequately compensated when the manufacturer chooses to sell a defective truck.
California Lemon Law applies to a wide variety of motor vehicles. It’s not just cars and trucks that are protected, either; motorcycles and RVs are covered, even boats as well. This means that just about any type of truck you can imagine could be covered by California lemon law.
Lemon law even covers company vehicles in limited circumstances. In order to qualify for California Lemon Law protection, the work truck must:
Many large trucks (such as semi-trucks, eighteen-wheelers, tanker trucks, and dump trucks) do not pass this test. Often these trucks are bought by large companies with entire fleets of trucks. But if you have bought or leased one of these large trucks and meet the above criteria, they too can be protected by California Lemon Law.
Over the years, manufacturers have attempted to get out of California lemon law claims by twisting the rules, so it’s important to have legal representation. Consider the case of Joyce v. Ford Motor Co. (Docket No. C064453, 3rd Dist. Court of Appeal, Sept. 6, 2011). Ford argued that it didn’t need to repurchase a lemon business truck because the F-250 had a GVWR of over 10,000 pounds, thereby exceeding the California lemon law’s weight limit. Yet, the Court of Appeal rejected this excuse and ruled that in favor of the plaintiff, stating that California lemon law’s weight limit in Civil Code Section 1793.22 refers to the GVW.
With a lemon law case, there’s a clear distinction between personal use and commercial vehicles. However, California’s lemon law ensures that small business owners have the same level of protection as consumers. That’s where these lemon laws come into play – allowing for reimbursement from the manufacturer when a defective truck is sold or leased.
The same warranty guidelines apply to trucks as with personal vehicles. The issues must first appear within 18,000 miles or 18 months of taking ownership. All problems must be considered substantial defects that affect the use, value, or safety of the vehicle. A qualified dealership must have been given a reasonable number of repair attempts with no resolution. In many cases, a reasonable number of attempts is considered four. However, a vehicle qualifies after the second repair attempt if there’s a serious safety concern and it has been in the shop for more than thirty days.
With this in mind, you need to file a claim as soon as possible. In California, the lemon law time limit to file a claim is four years, but sooner is better.
Mechanical Problems: A truck qualifies for lemon law if there are serious mechanical defects that can’t be resolved. These could include trouble with the brake system, power steering and suspension. Electrical system complaints may also be included as long as they affect the use, safety or value of the vehicle.
Safety Concerns: California consumers deserve to drive a safe vehicle. If there are airbag issues or defective safety systems, it’s considered an unreliable car that’s eligible for compensation. Serious defects may also include safety recalls that can’t be repaired.
Performance Issues: The engine and transmission are considered the heart of the truck. If there’s engine failure, trouble with performance, or issues with shifting, a lemon case is possible.
Other issues may be eligible under lemon laws, so it’s important to speak with your attorney for more guidance.
A lemon is any vehicle that has a “nonconformity” that impairs the use, value, or safety of the vehicle to you. Lemon Law is based on manufacturer’s warranties, so if your vehicle was sold “as is,” it may not cover your vehicle. It is important to get legal advice from an experienced lemon lawyer to determine whether the nonconformity applies and whether your manufacturer’s warranty applies to it. A lawyer can also determine if there are any other unique circumstances that could affect your consumer rights under California Lemon Law.
It is important to get legal advice as soon as you suspect that you might have a lemon law claim. The law requires you to give notice of your claim to the manufacturer. You must also allow the manufacturer a certain number of repair attempts before you can claim lemon law rights. By hiring an attorney, you can be certain that you meet these and all other legal requirements. This protects your right to compensation under California Lemon Law.
The best lemon lawyers in California are right here at The Lemon Pros. Our experienced consumer protection team serves clients in Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and all across California.
We fight hard to protect consumers’ rights and keep everyone safe on the roads of California. Call (855) 926-0992 to schedule your free consultation. If you purchased or leased a new vehicle that has a defect, there are several steps to take to ensure you receive compensation.
Purchased or leased vehicles are considered lemon cars when the previous qualifications are met, but it’s your job as the consumer to prove it qualifies. Therefore, you need all of the necessary documentation if you want to get a replacement vehicle.
Our law offices suggest gathering the following information before moving forward with a lemon law case:
Purchase or lease agreement: Gather all of your original paperwork outlining the price paid and the date of delivery.
Warranty paperwork: Whether you have a manufacturer’s warranty or an extended warranty provided by the used car dealership, you need this documentation to prove coverage during the complaint.
Repair orders: All work orders should have detailed information about the complaint and resolution with every visit.
Communication record: Keep a log of anyone that was spoken with, including date, time and the person’s name.
Additional expenses incurred: Gather all of the information about the down payment, rental car expenses, sales tax, registration fees, towing bills, and other costs so you can get reimbursement.
Before you file a claim against the auto manufacturer, it’s best to get a free consultation from lemon law lawyers. During the case evaluation, you can learn about the claim process and determine the best way to seek justice from the auto manufacturers. An experienced attorney is going to offer the free consultation and waive any legal fees until the case is won.
California lemon law lawyers have the experience needed to win the case. If you attempt to file on your own, the manufacturer isn’t going to take your demand letter seriously and it’s likely you won’t receive cash compensation or a replacement vehicle.
After your legal options have been discussed with you, it’s time to take action. A demand letter is first sent by the legal team to the manufacturer. If the truck is used or Certified Pre-Owned, the demand letter may also be sent to the dealership.
The manufacturer has the option to offer either a refund or a replacement truck for the lemon. You may receive a refund of the purchase price, while many consumers are offered a new truck of equal value. Replacement vehicles are a great option if you need to be back in a truck immediately and the manufacturer guarantees that the new model is free from defects.
If you don’t receive the outcome expected after the demand letter is sent, there are other options. The manufacturer may offer arbitration or mediation, which helps you avoid court. However, there are times when litigation is necessary and we are willing to stand by your side through that process.
Expertise: Many law offices can file claims for California’s lemon law, but not every attorney is qualified. You want an attorney in Southern California who has experience fighting the vehicle manufacturers and winning compensation for their clients. A qualified attorney is focused on helping California consumers with earning a replacement or refund.
Legal Process: Lemon laws can be tricky to navigate without the help of a professional. Look for an attorney that wins lemon law cases and has a proven track record of understanding the process. Your attorney should be able to explain the criteria in depth (reasonable number of attempts, guidelines for manufacturer’s warranty and the time limit allowed by law).
Representation: California’s lemon laws aren’t always easy to understand. Before you fight for compensation on a new or leased vehicle, you need to know if it qualifies and you need adequate representation in case the claim goes to court. Manufacturers are happy to take advantage of consumers with no representation, and you don’t want to miss out on the compensation you deserve.
Reputation: Just as you should when choosing a repair shop, it’s important to look at online customer reviews when picking an attorney. Whether you are looking for compensation for a truck or lemon RVs, you can learn a lot about a lawyer by reading testimonials and honest reviews.
Consultation: Does the lemon law apply to your situation? The best way to find out is through a free consultation with a lawyer. There should be no charge for the initial consultation and you should have a good idea of what to expect when leaving that appointment.
Fee Structure: One of the biggest worries from consumers sounds something like this, “I don’t want to spend all my money on attorney’s fees and get nothing back in return.” This is a valid concern when filing a lemon law claim. Thankfully, this isn’t something you need to be stressed about. If you’ve purchased or leased a lemon truck in California, it’s time to contact our experienced attorneys. Not only do we provide a free consultation, but our reasonable attorney’s fees are only charged if you win your case. This way, you know we are going to fight as hard as we can to earn what you deserve.
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