The state legislature of California passed the Song-Beverly Consumer Warranty Act, better known as the California ‘Lemon Law,’ to protect Californians from motor vehicles that are unreliable and have excessive repair costs.
If you purchased a vehicle in Garden Grove, CA or in a surrounding community and have endless problems with a vehicle still under factory warranty, you may have a lemon. Neale & Fhima is a highly experienced and accomplished law firm that can help to solve your Garden Grove Lemon Law claim. Our Garden Grove, CA lemon law attorneys may be able to assist you without any money out of your pocket. For a complimentary consultation today, call (949) 661-1007.
Are you constantly taking your newly purchased or leased vehicle for repairs in Garden Grove or surrounding areas? Sadly, many people who buy or lease a new car have major problems with unreliability and excessive repairs. In the worst situations, the car, truck or SUV is so unreliable it puts their health and safety at risk. Cars are more complex than ever, and that complexity means some vehicles are defective from the day they are assembled. The good news for California residents is the state’s Lemon Law gives you legal protection from such vehicles. We can help.
Do You Have a Lemon? How Do You Know?
The Song-Beverly Consumer Warranty Act requires the vehicle manufacturer to repair your vehicle under the warranty of the original manufacturer. The dealership must make reasonable attempts to repair the vehicle. If it cannot be repaired, the law states that the dealership must repurchase or replace it. California’s Lemon Law is equally applicable to cars, trucks, vans, SUVs, and motorcycles. Note that if you bought a used vehicle from a retail dealer and the original factory warranty is still in place, you also are protected by the California Lemon Law.
‘A reasonable attempt’ by the dealership to repair your car depends upon the exact defect. There is no precise formula listed in the Act. But the Lemon Law does note several guidelines that gives us an idea when it is reasonable to expect the dealership to repurchase or replace the car. The law states you have a Lemon Law claim if, in the first 18,000 miles or 18 months, the following has occurred:
- The vehicle was repaired two or more times for a problem that may lead to death or serious injury.
- You took your vehicle to the dealership four or more times to repair the same problem.
- The vehicle has been in the dealership for repairs for more than a month since you bought or leased it.
In California, if you can show that any of the three scenarios above are true, then the car is presumed to be a lemon. The judge can inform the jury that you have met your burden to prove the manufacturer has had sufficient time and attempts to fix the vehicle. At that point, the burden of proof goes to the manufacturer to prove otherwise.
However, even if your vehicle does not fit the presumptions above, it is a mistake to automatically assume that you do not have a lemon. Even if the facts of your case do not fit the presumptions, you still should contact the Garden Grove, CA lemon law attorneys at Neale & Fhima. We can review your case at no cost and determine whether you still have a strong claim.
Common Defects That May Qualify for Lemon Law Protection
Whether or not your vehicle’s defect qualifies under the California Lemon Law for relief depends on whether it affects the car’s use, value or safety. It also depends on how serious the problem is and what the dealership has tried in order to fix it. That said, below are some common defects that have been the basis for many California Lemon Law claims:
- Check-engine lights illuminate repeatedly
- Problems with steering
- Serious braking defects that affect stopping distance, including problems with anti-lock brakes
- Windshield wipers and mirrors malfunctioning
- Speedometer and fuel gauge malfunctions
- Problems with headlights
- Problems with brake lights
- Door locks do not work
- Car stalls
- Car will not start
- Poor acceleration
- A/C system is inoperable
- Battery dies
- Lurching transmission
- Problems with paint job
Making a Lemon Law Claim
First, you need to know whether the original factory warranty is still in effect on your car. Next, you must document that you have made enough attempts to repair the vehicle. Then, you will file your claim with the state. We at the law firm of Neale & Fhima can help you to make your claim, and you may not even have to pay anything out of pocket. The Lemon Law application process is complex, but we do many of these cases and will help you get the paperwork done quickly. Once the application is complete, we will send a demand letter to the manufacturer of your vehicle.
A key point to remember is the statute of limitations for California. It is just four years in these Lemon Law cases. But it is critical to file as soon as you think you have a lemon.
If you do indeed have a lemon vehicle in Garden Grove, the dealer will need to buy it back or replace the vehicle. But with our help, you may be able to get a settlement in cash. With a successful outcome of your Lemon Law case, the vehicle manufacturer must pay all your legal fees, so you really have nothing to lose by using our legal services.
Neale & Fhima Lemon Law Attorneys Serving Garden Grove, California
If you bought a car, truck or SUV that has serious reliability problems under warranty, you may have a Lemon Law claim. Neale & Fhima is an experienced Lemon Law firm that has served Garden Grove and surrounding communities for years, assisting those 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.