The official name of the California “Lemon Law” is the Song-Beverly Consumer Warranty Act. It protects California vehicle owners whose original manufacturer’s warranty is still in effect. If you bought a vehicle in Chula Vista and are being overwhelmed with constant reliability problems and trips to the dealer for repairs, you could have a “lemon.” At Neale & Fhima, we are experienced in successfully resolving California Lemon Law claims. Our attorneys may be able to help you win your Lemon Law case at no cost to you.
Do you think you have a lemon in Chula Vista? Unfortunately, many new car buyers and lessees in California deal with serious inconvenience and unreliability in their vehicles. In the worst cases, their new vehicle may even put them at risk for serious bodily harm. With all the advances in car design and manufacturing, vehicles are more complex than ever, and sometimes they are defective when they roll off the assembly line. But the Lemon Law in California offers car owners and lessees in Chula Vista legal protection. Our Chula Vista law firm can help.
How Do You Know You Have a Lemon?
The Lemon Law in our state requires the vehicle manufacturer to fix your car if it is under the original manufacturer’s warranty. The dealer must make a reasonable attempt to repair it. If they cannot repair it, the law mandates it must be replaced or repurchased. Our Lemon Law in California applies to cars, trucks, SUVs, van, motorcycles and others.
What is a ‘reasonable’ attempt to repair your vehicle will depend upon the nature of the defect. The state has not established a precise formula to determine this. However, the Lemon Law has stipulated several criteria for determining when the vehicle owner should be able to have the item repurchased or replaced. Generally, the state says that you are eligible for a Lemon Law claim when, in the first 18 months or 18,000 miles that you possessed it:
- The car, truck or SUV was repaired 2+ times for a defect that may lead to death or serious injury.
- You took the car, truck or SUV to the vehicle dealership 4+ times to fix the same issue.
- The car, truck or SUV has been in the dealership for various repairs for more than 30 days since you acquired it.
If the above criteria have been met, the state Lemon Law makes the presumption that you are entitled to replacement or repurchase. But the presumption can be rebutted by the manufacturer. It may try to show that you have not made enough attempts to repair your vehicle.
How Do You Make A Lemon Law Claim?
If you want to make a Lemon Law claim, first you must determine whether the original warranty is still in effect. After that, you must establish that you have made sufficient attempts to have the vehicle repaired. At Neale & Fhima, we can assist you in this process.
Next, you should file the claim. This is a complex process that can be easily handled by a Chula Vista Lemon Law lawyer. The process begins with our lawyers sending a demand letter to the vehicle manufacturer.
Remember, the statute of limitations in these cases in California is only four years. But never wait almost four years to file! If you suspect you have a lemon, it is important to call a Lemon Law lawyer as soon as possible.
If your car is a lemon, you can have the dealer buy back or replace it. However, with the help of an attorney, you also may negotiate a cash settlement. And if you use an attorney, a successful outcome results in the vehicle manufacturer’s paying your legal costs.
Neale & Fhima Lemon Law Attorneys Serving Chula Vista, California
If you have purchased a vehicle that has serious and repeating warranty issues, you may have a valid lemon law claim against the vehicle manufacturer. Neale & Fhima is an experienced lemon law firm that has served Chula Vista customers who purchased a defective vehicle from one of the region’s many auto 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.