If you buy or lease a new or used vehicle in California which has defects that are hard to fix, you may be entitled to protection under the California Lemon Law. The California Lemon Law requires the vehicle manufacturer, if it is unable to repair it after a reasonable number of attempts, to refund your money or replace the vehicle. If you are facing a potential lemon law case in La Quinta, California, you could have some questions about the law. Here are some of the most common questions and answers.
When does a vehicle qualify?
The lemon law concerns all new, used or demo vehicles that were bought or leased, and are still covered by the original manufacturer’s warranty. The car could qualify if a serious defect has been repaired twice without success; a serious defect might be anti-lock brakes. Or, it may qualify if it has a less serious defect that affects value, safety or drivability and has been repaired at least four times without success. Or, the vehicle may be a lemon if it has been in the repair shop for at least 30 days since you owned it. For the vehicle to qualify, the problems must have occurred within the first 18k or 18 months of ownership.
Does the law apply to leased vehicles?
Yes. Both leased and used vehicles with the original manufacturer’s warranty are covered. So, if you have one of these cars and have a serious defect you cannot fix, you can demand a replacement or refund.
Does the law apply only to passenger cars?
No. The California Lemon Law applies to trucks, SUVs, vans, motorcycles, passenger cars and all consumer goods that a manufacturer’s warranty covers. But the vehicle has to be used for family, personal or household use.
What if the car was bought outside the state?
The California Lemon law applies only to cars bought in this state. But if you bought the car in another state, you can still qualify under the federal lemon law called the Magnuson-Moss Warranty Act.
Who pays attorney’s fees?
If you win the case, you will not have to pay any attorney’s fees. The manufacturer has to pay them. If your lemon law attorney does not think he can win your case, he won’t take it up anyway. An experienced firm such as Neale & Fhima has a good idea what kind of case has a good chance of success.
What does the law entitle you to?
You are entitled to get your down-payment back, plus government fees, trade-in equity, license fees and all monthly payments you made. You could be reimbursed for the rental car you used during your warranty repairs. The car manufacturer pays off the existing loan. You turn the car back in and you get a Lemon Law refund check minus mileage.
How long does this take?
Most settlements can be reached within 30 to 90 days, with the average being closer to 30 days.
How do I increase my chances of winning the case?
Keep good documentation of all repair attempts that were made at your authorized dealer. The more documentation you have, the more likely it is that you will win.
About La Quinta, California
La Quinta is a beautiful resort city in Riverside County, California. It is located between the Coachella Valley between Indio and Indian Wells. Its population in 2010 was 37,000. According to the Robb Report, it is the leading golf destination in the United States. Among the top destinations is the La Quinta Resort and Club, which dates to 1926. This is where director Frank Capra wrote the screen play for Lost Horizon. The Tom Fazio-designed golf course at The Quarry is among the top 100 golf courses in the U.S.
The lemon law attorneys at Neale & Fhima want to assist on your La Quinta lemon law cases. Our firm knows how to go toe-to-toe with dealerships and manufactures to ensure you receive the compensation you deserve,