If you’ve recently purchased a new or used vehicle that is always malfunctioning and requires repeated trips to the mechanic’s garage, then it may be time to talk to a Dana Point lemon law attorney. California law provides protections for consumers who unknowingly buy lemons. Don’t settle for a car that runs only some of the time. Contact a Dana Point lemon law attorney today to learn more about your legal rights.
When you file a claim against a multinational car manufacturer, you want to make sure you have the “best of the best” when it comes to a lemon law attorney. Our highly skilled Dana Point lemon law attorneys have years of experience fighting big auto companies. At Neale & Fhima, we know how to take on car dealerships and manufacturers and win!
Attorney Aaron Fhima has decades of experience winning these cases. Our firm has an exceptional pattern of success in handling lemon law claims. Testimonials from satisfied clients speak to our winning track record.
Here are 5 good reasons you should choose us:
So call us at 888-407-2955. You’ll be glad you did!
California’s lemon law, also known as the Song-Beverly Consumer Warranty Act, gives lemon car owners the right to a refund or replacement vehicle. But these remedies are not available at the first sign of mechanical trouble. The auto manufacturer (through its authorized dealer) is allowed a reasonable number of attempts to fix the vehicle before the owner can file a claim.
Determining how many repair attempts is “reasonable” can be tricky. It will depend on the circumstances, including the seriousness of the mechanical problem and whether the problem poses a threat of physical harm to the driver or passengers. It also depends on how long the car has been in use. The following rules of thumb apply to passenger vehicles with less than 18 months/18,000 miles:
|If the mechanical problem…
|The dealer is allowed…
|Affects vehicle’s use/value/safety
|At least 4 repair attempts
|Affects vehicle’s use/value/safety & poses risk of injury or death
|At least 2 repair attempts
|Affects vehicle’s use/value/safety & vehicle in repair shop more than 30 days
|No additional repair attempts
The guidelines above apply only to cars, light trucks, vans, and SUVs. If you own a different type of vehicle (like a motorcycle, RV, boat, trailer, electric vehicle), or if your vehicle exceeds the 18 months/18,000 miles limit, you may still have a claim. Our Dana Point lemon law attorneys have helped many clients qualify for protection when they weren’t sure they could.
We often get asked the question, “Does California Lemon Law apply to used cars?” The answer is yes – under very specific circumstances. If you purchased a used car “as is” from a dealership or private party, then the lemon law does not apply. You just take your chances with “as is” vehicles. A good Dana Point used car lemon law attorney can explain the law in greater detail.
To establish a lemon law claim in Dana Point, California, your car must have at least one of three qualifying vehicle warranties. These include:
1. Transferred New Car Warranty
All new cars come with a manufacturer’s warranty. When the title (ownership) of this vehicle changes hands during the warranty period, any remaining coverage transfers, too.
2. Certified Pre-Owned (CPO) Warranty
These warranties cover used vehicles that have been inspected, restored and resold by the manufacturer. These warranties are usually less extensive than original factory warranties, but sometimes buyers can upgrade CPO warranties for a fee. Only authorized dealers can sell CPO vehicles. So if you didn’t buy the vehicle there, you won’t have a CPO warranty.
3. Lemon Law Buyback Warranty
Vehicles that are re-acquired by manufacturers after a successful lemon law case can sometimes be repaired and resold by the manufacturer. If so, offering a 12-month/12,000-mile warranty covering the prior defect is one of the law’s requirements.
If you’re uncertain whether your used vehicle is covered by one of these three warranties, our Dana Point used car lemon law lawyers would be glad to investigate.
The law states that auto manufacturers must offer lemon law buybacks for new cars if the manufacturer cannot repair a defect that has a substantial impact upon the
Whether the automotive defect has a substantial impact upon these things is an objective test. This means that your opinion about the matter is not considered. It is not enough for you to testify that you think the defect makes your vehicle unsafe to drive.
For a defect to affect your vehicle’s safety, the defect would need to be something that a reasonable person would think is unsafe. Also, regarding affecting the use or value of the car, what is critical is whether a reasonable person would agree that the defect has a substantial effect on use or value. So, some defects in your car that you find very annoying, such as a squeak, loud wind noise, or an AC that takes too long to blow cold air….sorry, these do not qualify for coverage under the lemon law…unless a reasonable person would pay less for the car or would not be able to use the car in a way that a car is usually used.
There are many defects that could affect the vehicle’s safety, but there is no requirement under the law that the defect actually endangered you. So, if the car has a defect with its automatic mirrors, the mere fact that they work unpredictably could be enough to be the basis of a lemon law claim.
COMMON DEFECTS THAT AFFECT SAFETY INCLUDE:
When it comes to consumer rights, knowledge is power. Here are some important rules governing the lemon law claims process that every car owner should know:
Does all of this sound a little complicated? No worries! That’s what a Dana Point lemon law attorney is for. We can simplify all of this for you and help you determine whether or not you have a legal claim. Call us for a free initial consultation at 888-407-2955.
I would love to give Neale & Fhima more than 5 stars! I had gone to 3 different law firms about a lemon law case and was turned down. I am so thankful I was able to find Neale & Fhima online. I called and with no hesitation Aaron said, “YES, we can take your case!” He answered all my questions and replied in a timely manner. Best customer service I have encountered, from the front end to the attorneys. I highly recommend Neale & Fhima law firm with no doubt! Thank you so much Aaron.
– Evelyn Cardona
A Dana Point lemon law lawyer gathers facts, evidence and repair records and receipts to build a case against the vehicle manufacturer. Whether the defect affects the use of the vehicle or its safety,a skilled lemon lawyer knows how to prove various elements of the case. An attorney can prove that the components fail to do what they were designed to do. He knows that the brakes need to be able to stop the car within a reasonable stopping distance, the air conditioner must cool the car, and the car’s locks must secure the vehicle.
Remember, a defect is required to be covered by the lemon law only if a “reasonable person” would deem it unsafe or the defect has substantial impact on the use or value of the vehicle. A Dana Point lemon law attorney who has extensive experience handling these types of cases is your ideal advocate to argue that you have the perspective of a “reasonable person.”
“Use” under the lemon law accounts for the circumstances of the owner, too. If the defect prevents the seat warmers from working properly, this might not affect use for most of us. But what if the owner has poor leg circulation and the non-functional seat warmers prevent him from driving for more than 10 minutes? Also, poor air conditioning can affect consumers in Dana Point far more than those who live in San Francisco, which has cooler weather.
The statute of limitations for filing a lemon law claim in California is four (4) years from the date a consumer knew or should have known that the vehicle was a lemon. This does not mean that if you have had your vehicle for more than 4 years, you cannot bring a lemon law claim. Our attorneys at Neale & Fhima have successfully “lemoned” vehicles that are over 10 years old. If you have purchased or leased a lemon, you’ll want to start the buyback process as soon as possible. After the statute of limitations has passed, a judge may dismiss your case. Don’t hesitate to contact our team if you have questions about the statute of limitations. Collect copies of your repair bills, work orders, and payment receipts and call an experienced lemon law attorney today.
First-time visitors to Dana Point are taken aback by the sheer beauty of the place. Steep cliffs overlook the ocean, boats fill the harbor, and a row of elegant homes lies along the beach.
Dana Point has increasingly become a tourist destination, which means more cars on the road and more traffic. Nobody wants to be driving a defective car that is always breaking down and causing inconvenience for the owner and other motorists. That’s why we have lemon law attorneys in Dana Point. You don’t have to go to a neighboring town to find a legal advocate if you own a lemon. We’re right here for you in Dana Point.
You can find out more about California lemon law by reading the following:
Just north of modern-day Dana Point, along Camino Capistrano, a string of auto dealerships attracts new car buyers from across the region. All the major dealers are here, including Nissan, Kia, Honda, Toyota, Ford, Chrysler, Mazda, Jeep, Dodge, Ram and Volkswagen. Anytime one of these manufacturers sells a defective vehicle to an unsuspecting customer, our law firm can help.
You are not alone and don’t have to suffer endlessly with a defective vehicle. If you are tired of repeatedly taking your new or used car to the mechanic, paying huge repair bills, and being stuck without a reliable car, then it’s time to contact a Dana Point lemon law attorney for help. At Neale & Fhima, we represent every client with the determination and commitment that they deserve. We will not rest until we hold the auto manufacturer accountable and pursue legal relief for each of our clients. For a free initial consultation about your case, contact us at 888-407-2955. We are here for you.