Lemon Law

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Title: Understanding the California Lemon Law: Your Rights as a Consumer

Introduction

Buying a new vehicle is an exciting experience, but what happens when your dream car turns out to be a lemon? It can be frustrating and disheartening. Fortunately, as a resident of California, you have the advantage of the California Lemon Law, a powerful consumer protection statute that safeguards your rights. In this blog post, we will explain the California Lemon Law and what it means for potential clients facing issues with their vehicles.

What is the California Lemon Law?

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, provides legal protection to consumers who have purchased or leased a new or used vehicle that turns out to be defective. This law covers a wide range of vehicles, including cars, trucks, SUVs, motorcycles, and even some recreational vehicles.

Who is protected under the Lemon Law?

To be protected by the California Lemon Law, you must meet certain criteria:

1. The vehicle must be purchased or leased in California.
2. The vehicle must be covered by the manufacturer's warranty at the time of purchase or lease.
3. The defects must substantially impair the vehicle's use, value, or safety.
4. The consumer must have allowed the manufacturer a reasonable number of repair attempts to fix the problem(s).

Understanding the "Reasonable Number of Repair Attempts"

The California Lemon Law sets a standard for what constitutes a reasonable number of repair attempts. Generally, the law assumes that a "reasonable number" is four or more repair attempts for the same issue, or if the vehicle has been out of service for a cumulative total of more than 30 days due to repairs.

In some cases, even a single repair attempt may qualify if the defect poses a serious safety risk or affects the vehicle's drivability. It's crucial to consult with an experienced lemon law attorney to determine if your specific situation meets the criteria for a lemon law claim.

What are your rights under the Lemon Law?

If your vehicle meets the requirements of the California Lemon Law, you may be entitled to one of the following remedies:

1. Repurchase: The manufacturer must repurchase or replace your defective vehicle, including taxes, registration fees, and other related expenses. This process typically involves a refund of the purchase price, minus an amount for usage.
2. Replacement: Alternatively, the manufacturer can provide you with a comparable replacement vehicle.
3. Cash Settlement: In some cases, a cash settlement may be negotiated between you and the manufacturer instead of a repurchase or replacement.

It's important to note that the manufacturer is responsible for paying your attorney's fees and costs if your lemon law claim is successful. This provision ensures that consumers can seek legal representation without worrying about additional financial burdens.

Steps to Take if You Think You Have a Lemon

If you believe your vehicle is a lemon, take the following steps:

1. Document everything: Keep records of all repairs, including dates, descriptions of the problems, and the number of days the vehicle was in the shop.
2. Communicate with the manufacturer: Notify the manufacturer in writing about the defects and provide them an opportunity to fix the issues.
3. Consult an attorney: Seek the guidance of an experienced lemon law attorney who can evaluate your case, guide you through the process, and protect your rights.

Call us at (619) 672-1741 or email joe@samolaw.com now to discuss your Lemon Law matter.