- November 3, 2017
- Categories: Lemon Law
Do you have a car or truck that seems to spend more time in the shop than on the road? Is your car or truck still under the manufacturer’s warranty? If you answered yes to both questions, then you might own a “lemon.” Fortunately for California residents, the state’s Lemon Law is designed to protect owners from the hassle of owning a vehicle, appliance, or other household product that seems to be constantly breaking, even after multiple repairs.
What Is The California Lemon Law?
The California Lemon Law requires car and truck manufacturers to replace or repurchase vehicles that can’t be repaired to meet the manufacturer’s express warranty. It is important to note that before a vehicle is replaced or repurchased, it must have received a “reasonable number of repair attempts” at an authorized repair shop. Unfortunately, many consumers spend precious resources attempting to fix their vehicles or thinking that their vehicle doesn’t qualify under the California Lemon Law.
To help you better understand your rights, here are four common misunderstandings about the California Lemon Law.
Misconception #1 — The lemon law applies only to new vehicles.
This is not true! The lemon law applies to new vehicles and also to any vehicle that is still within the manufacturer’s warranties.
Misconception #2 — The lemon law claim must be filed immediately after the vehicle was purchased.
Consumers have a longer period of time than you might think to file a claim. If you suspect that your vehicle might be a lemon, then you should begin keeping a detailed report of the number and types of repairs that are conducted. Remember that a “reasonable number of repair attempts” must be made before you can file a lemon law claim in California.
Misconception #3 — Mileage or use won’t be deducted from the value of the vehicle.
The truth is that there is a formula used to determine the amount of money that a consumer is owed. The short version of the formula is simple. The use of the vehicle will be deducted from the cost.
Misconception #4 — A consumer should file the lemon law claim on their own.
While a consumer could attempt to go it alone when filing a claim, it is much easier to hire an experienced lemon law attorney. In fact, a California lemon law attorney can be invaluable for your claim. Your attorney will create and file a detailed case against the uncooperative manufacturer. The case will be built on thorough documentation of your service-record paper trail, as well as the warranty repair orders from the dealer, and your notes of the reported conversations that you have had with service mechanics regarding your vehicle.
File A Lemon Law Claim Today
Taking your vehicle to a mechanic for repair work and regular maintenance is a common part of owning a car or truck. However, when your car or truck is still under warranty and seems to live in the shop, then you might have a lemon. If your car or truck is a lemon, then you need to take the legal action necessary to protect your rights. With the help of California law firm Neale & Fhima, you can file for a replacement or repurchase agreement under the California Lemon Law. To learn more about filing a lemon law claim in California, contact Neale & Fhima today.