Why would anyone ever need a San Clemente lemon law attorney? This is such a beautiful area; such concerns about legal matters and lemons might be the last things on your mind.
At Neale & Fhima, we love the San Clemente area (How about the pier, or seeing the Pacific Ocean from Avenida Del Mar on a beautiful day?), and it is our honor to be able to help local car owners who need lemon law representation. After all, even in a beautiful place, new and used vehicles under warranty sometimes cannot be repaired, and consumers have legal rights to declare such cars a lemon.
Below, you can read about the basic provisions of California’s lemon law, as well as some additional reasons why we love San Clemente. If you have questions about how the lemon law applies to your individual situation, please send us a message now.
What Vehicles Does the Lemon Law Cover?
California’s lemon law covers more vehicles than people realize. In fact, all vehicles sold with a warranty – from private aircraft to bicycles – can potentially fall within the law. However, only passenger automobiles with relatively low mileage qualify for special protections designed to make it easier for consumers to obtain relief. Here is how it works:
- To qualify, a vehicle must:
- be a new, used, or leased vehicle with a factory warranty, and
- suffer from a serious and recurring mechanical defect, and
- have diminished use, value, or safety due to the defect.
- A vehicle will not qualify if:
- it was purchased or leased outside of California (active military are exempt), or
- the owner acquired it through a private-party transaction, or
- it is used for business purposes by an entity with more than five vehicles registered in California.
- Special protections apply if a vehicle:
- is a car, truck, van, or SUV that weighs less than 10,000 pounds, and
- has been in use less than 18 months/18,000 miles.
The special protections referenced above relate to the number of repair attempts the dealership can make before the vehicle is considered a lemon. Ordinarily, the number will depend on what is “reasonable under the circumstances.” When a vehicle qualifies for special protection, however, a reasonable number is presumed to be:
- one or more repair attempts, if the defect may cause serious injury or death
- three or more repair attempts, for all other defects
- no additional repair attempts, if the vehicle has been in the shop more than 30 days
It’s Time to Get Rid of Your Lemon
Consumers who successfully assert a lemon law claim in California can choose between two remedies. They can obtain a refund of the purchase price or they can request a replacement vehicle from the same car company. Most people choose the refund, and it’s easy to see why. The ordeal of owning a lemon car will usually destroy any sense of loyalty the consumer once had to the manufacturer. A refund allows the consumer to purchase a vehicle from another manufacturer (or use the money for an entirely different purpose).
Those who choose to get rid of their lemon by reselling it to the manufacturer must understand that they will not receive all their purchase money back. The refund will be reduced to account for the consumer’s use of the vehicle prior to the onset of the mechanical problems. If you would like to know the amount of the reduction that would apply to your vehicle, one of our San Clemente lemon law attorneys who will be glad to provide you with this information during your free consultation.
Neale & Fhima is Proud to Help San Clemente Residents
As San Clemente lemon law lawyers, our legal team helps clients in San Clemente with claims relating to defective vehicles. By using California’s lemon law, we can help our clients get maximum recoveries after purchasing a faulty vehicle. It is not uncommon for manufacturers to find ways to reduce the compensation they offer consumers, despite the strength of our state’s lemon laws. We make sure that doesn’t happen and that our clients get the payment they deserve.
If you or a loved one has purchased a lemon in San Clemente, contact our experienced San Clemente lemon law attorneys. We will stand up to manufacturers and make sure they treat you fairly. Call Neale & Fhima to learn more about how we can help you.
More About San Clemente
After you have addressed your lemon law issue with our legal team, make sure to learn more about and/or visit beautiful San Clemente. San Clemente is known around the world for the never-ending swells it offers surfers. From Trestles to San-O, the waves off the coast of the region provide the opportunity for budding surfers to cut their teeth on waves that only the most veteran surfers dare tackle. Kolohe Andino, Shane Beschen and Anastasia Ashley are just a few of the world-class surfers who have called San Clemente home.
The city isn’t just a mecca for surfers, it’s also a hub of surfing businesses. Many surfboard makers and shapers are centered in San Clemente, as are some of the most popular surfing magazines in the world.
Famous Residents and Visitors
At least two U.S. presidents have been taken with San Clemente. President Franklin D. Roosevelt used San Clemente as a retreat from the duties of office. President Richard Nixon famously used his home in San Clemente so frequently that it earned the reputation of being the Western White House.
The roster of San Clemente residents has also included professional athletes, such as Jim Everett, Karch Kiraly and Sam Darnold; and actors, such as Jorge Garcia, Dominic Purcell and Lon Chaney Jr. The founder of Carl’s Jr. hamburger chain, Carl Karcher, also owned a home in San Clemente, which he purchased in 1976 and owned until the time of his death in 2008.
Remember, if you have a problem with a possible lemon vehicle, make sure you reach out to our experienced San Clemente lemon law lawyer today. Contact Neale & Fhima now.