If you have bought or leased a vehicle in Oakland, CA, and are dealing with constant visits to the dealer for repairs, you may have a ‘lemon’ on your hands. Neale & Fhima is experienced in offering legal help for California Lemon Law claims. We may be able to help enforce your legal rights against the manufacturer of your vehicle – at no cost to you.
You may have heard about it, but never experienced it personally. You purchase or lease a brand-new vehicle, but you soon have serious repair problems – virtually from the first day. After every repair attempt, you grow more frustrated. It becomes clear: No one at the dealership really understands what the problem is or how to repair it.
You may well be dealing with a lemon vehicle. For many reasons, it is not unusual for some new vehicles every year in Oakland, CA, to have major defects. Some of these flaws can put your personal safety at risk. All of them lead to serious headaches for drivers and owners who expect a new car to be free of problems.
But there is help available. The Lemon Law in California provides car owners in Oakland with several legal protections. Neale & Fhima can assist you in standing up for your legal rights under the Lemon Law of California.
Overview of the California Lemon Law
The Lemon Law in this state is officially called the Song-Beverly Consumer Warranty Act. This law was passed 50 years ago to help Californians to enforce new product warranties. Regarding motor vehicles, this law presumes that the car, truck or SUV is a lemon if, within 18,000 miles or 18 months, any of these events occur:
- The vehicle has defects that could cause death or serious injury, and the dealer has been unable to remedy the problem after at least two repairs.
- The vehicle suffers a serious defect that affects, use, value or safety, and the dealer has been unable to repair it with at least four attempts.
- The vehicle has defects that affect use, value and safety, and the dealer has not been able to repair it after having it in their possession for 30 days.
Making a Lemon Law Claim
To determine whether or not your vehicle is a lemon, you need to learn if it is still under the manufacturer’s warranty. Next, you need to know if you have made enough ‘reasonable attempts’ to get the vehicle repaired. Our attorneys can help you to determine the answers to both of these questions.
The next step is to file a Lemon Law claim. This is a complicated matter that is best left to an Oakland lemon law attorney. Our attorneys will start the claim by sending the demand letter to the manufacturer of your vehicle.
Note that the statute of limitations under the lemon law is four years. But we never advise that you wait that long to file a claim. If you think that your new vehicle is a lemon, we strongly advise that you speak to an Oakland Lemon Law attorney right away.
If it turns out you do have a lemon, your main options are to have the car maker either buy back or replace the vehicle. But there are other options at your disposal, such as negotiating a settlement in cash.
Regarding legal fees, if the claim is successful, the manufacturer must pay your legal costs. If our law firm does not succeed, you pay nothing. Sound reasonable?
What To Do If You Think You Have a Lemon
If you are getting nowhere with the dealer on repairing the car, we recommend you do the following:
- Write a demand letter to the manufacturer that they buy the vehicle back (our Lemon Law attorneys in Oakland can help you here).
- If the manufacturer refuses to buy it back, hire a Lemon Law attorney, or ask if there is an arbitration program available.
- See whether the manufacturer has an arbitration program by checking with the California Bureau of Automotive Repair Hotline – 1-800-952-5210.
- If it is possible, go to the arbitration hearing personally. You can accept or reject the findings of the arbitration panel. If you do not get satisfaction, you always can opt to file Lemon Law lawsuit through your Oakland, CA, attorney.
Neale & Fhima Lemon Law Attorneys Serving Oakland, California
If you bought a vehicle that suffers from serious and repeating warranty issues, you could have a valid lemon law claim against the vehicle manufacturer. Neale & Fhima is an experienced lemon law firm that has served Oakland customers who purchased a defective vehicle from one of our area’s numerous car dealerships. If you need legal advice about a vehicle with serious repair and warranty issues, please call 949-661-1007. Or, you can complete the contact form below.