Important FAQs about California Lemon Law
These are laws that are found in all states in the US and are upheld federally by the government. Each state has its own unique laws, however, California’s is the best for consumers and the strongest. When we buy new items including cars, we expect them to be perfect.
Well, a car to some extent, may have some minor problems that can be fixed easily. However, there are certain instances where new cars come with serious problems. Even after a couple of repairs, you might find that the problem is complex and cant be solved. The intriguing thing is that the manufacturer assured you the vehicle is perfect.
However, you should understand that cars may still be under warranty even though they have unfixed defects. To avoid what seems like a tiresome and costly process of car repairs, California has Lemon Law. In case you have evidence that the car has a serious defect then you could be legally eligible for compensation.
Generally, you need to have taken your car for repair at least two times. However, there are numerous factors that may determine this. For instance, you need to state how long your car has been having these issues, the type of the problem, and other considerations.
In case you want to understand more about this, simply contact us for your California Lemon Law needs. Give us a call and we would gladly discuss with you the way forward. This way, you will be able to know if you can successfully file a claim or simply wait for the manufacturer to resolve the problem.
Car dealers are businessmen and they will always protect their interests. They will definitely tell you that your car isn’t a lemon to avoid compensating you. It’s also important for you to understand that car dealers aren’t trained lawyers. They are business people.
So, it’s not in their place (neither interest) to advise you if your car is a lemon or not.
While your claim may not be valid under the Lemon Law, you can still make a new valid claim under state and federal laws that protect consumers.
Understand that statute of limitations is the period or time range that a consumer can use to file a claim or take action against the manufacturer. This is designed to protect manufacturers from false claims or old claims that were already handled.
If you don’t adhere to the stature of limitations, then the defense might use it against you and win the case. Generally, this period usually varies depending on the reason for the lawsuit or the cause of action. California’s state legislature usually defines every statute of limitations per the cause of action and it should be within its state laws.
For lemon cases, an applicable statute of limitations is usually within four years from the time the consumer first detected that the vehicle had defects and they couldn’t effectively fix it. To determine if the consumer knew about the defect, California courts usually use the Reasonable Person Standard.
You were probably living out of state and bought your car there. But now that you are here, does the California Lemon Law now apply to you? Well, your case might be quite unique. However, there is still a chance that you could file for a claim under the Federal Lemon Law since you are within the American state.
But to effectively answer this question, when need to understand the core details of your state. This is because there are multiple law options that would still be valid to pursue. So, you can get in touch with us in order for us to determine the most effective law for your case.
If you wish, you can go ahead and file the claim yourself. You don’t necessarily need a lawyer. But from our experience, we can confidently tell you that it will be difficult for you to get reasonably good compensation. Why? Well, it’s because you don’t have the best legal skills that can help you get the highest possible compensation.
Once the manufacturer knows that you are filing the claim yourself, they will get a legal representative that’s well-skilled in this job and you obviously stand no chance. We have a team of experienced Lemon Law Attorneys in California.
We are the best people that you can bank on. This is because we will not only prepare your claim and file it, but we’ll also deal with the specified manufacturers legally on your behalf. According to use, this is definitely the best way to get the right compensation.
In California, the Lemon Law can cover any type of car as long it’s under warranty. It could have been a second-hand car or a new one. Generally, used cars come with different warranties and they include:
- The dealer’s written warranty: used cars sold in dealerships usually come with Buyers’ Guide Warranty with a Warranty box in addition to an “As Is” box. Well, in case the warranty box has been checked, then it’s covered under California Lemon Law since it has the dealer’s warranty.
- A certified pre-owned vehicle warranty: It means that the vehicle has been used lightly and inspected thoroughly. Besides that, all the minor defects have been repaired and it’s covered by an extended warranty that’s manufacturer-backed.
- The manufacturer’s warranty. If the car is still relatively new, then the manufacturer’s warranty could be still valid. Generally, this type of warranty can run for up to 3 years or cover a total of 36,000 miles. In some instances, it might be quite long. So, even if there is a change in ownership, the warranty’s powertrain still makes it effective for use until the period elapses.
For starters, a Lemon Law buyback car is a type of car that has been reacquired by the manufacturer due to a massive warranty defect. But you need to check on if the vehicle is truly a buyback and the Depart of Consumer Affairs, Lemon Law Buyback vehicle section. But you can still go ahead and buy one.
Well, in California there is a Better Business Bureau Auto Line (BBB Auto Line) program designed by the department of consumer affairs. Under this free program, consumers who have automobile warranty disputes can file complaints as long as the manufacturer is also a participating member of the bureau.
The best thing about BBB Auto Line in California is that currently there are many participating manufactures. But while you might be tempted to go this way because it’s free, we simply advise you to look for the best California Lemon Law Attorney.
This is because the BBB Auto Line is usually time-consuming and only leads to time wastage. Besides that, you might only be awarded repairs that are definitely listed in the warranty after all. If you are serious about claims, you can get in touch with The Morrow Law Group for the California Lemon Law Attorney assignment.
This is not likely. You need to understand that all the major auto manufacturers in California have their customer care centers. They are designed to deal with brand issues such as consumer complaints. So, if you have a defective automobile, your first step will be to obviously contact the manufacturer or dealer.
The general response in most cases is usually an investigative follow-up. The representative might also tell you that the company will carry out its own review or use an agency or representative to do it for them. However, this is usually a delay tactic that’s meant to distract you and, therefore, they will be buying time before you can pursue them legally.
In some instances, you might be forced to sell your vehicle because it’s not easy for the manufacturer to replace your vehicle. However, this shouldn’t deter you from seeking justice and ensure that you get the value for money. That’s why you have to seek good legal counsel before you accept any offer that the manufacturer might decide to give you.
When it comes to legal issues, we usually don’t give a specific timeline. We think that a lot of factors usually come to play and it’s impossible for us to give you a precise period. Several factors come into play when it comes to the settlement timeline and they include:
- The vehicle’s repair history
- The problems you are trying to fix currently
- The number of times you have tried to repair existing defects
- It’s status
- The manufacturer
- The type of valid law that will be used
Working with a San Jose Lemon Law Attorney for your California Lemon Law claim means that we’ll negotiate for a faster settlement. We have previously worked with legal departments of different manufacturers and, therefore, our experience puts us ahead.
Well, it all depends on the agreement that will be reached. It’s possible that you might be requested to sell the vehicle back to the manufacturer. However, the selling price will be less depending on how you have used the car. Alternatively, other damage options such as replacement might be used.
The type of settlement depends on what you are seeking when filing the claim and the facts you represented in your case. But if you are going to work with us, it’s a guarantee that you will get the best possible settlement. The Morrow Law Group has done this before and so we definitely know how you can get more or better in terms of compensation.