Everybody loves those cute VW bugs and VW vans – until something goes wrong with them. Whether it’s an engine that grinds, automatic seats that don’t work, or problems with the brakes, thank goodness there’s a VW Lemon Law that can protect you and provide a legal remedy.
Is Your VW a “Lemon”?
A Volkswagen “lemon” is a Jetta, Gulf, Passat, Tiguan, Beetle or other VW vehicle that has never really worked correctly during it’s warranty period. Whether it’s sluggish acceleration, engine problems, electrical malfunction or a myriad of other l problems, these VWs never function correctly no matter how many times you take them in for repairs. To determine whether you have a Volkswagen Lemon Law claim, check to see whether your new VW is still under the original manufacturer’s warranty. If it is, you likely have a claim. If you own a used VW, then you will need one of three specific warranties to have a Volkswagen Lemon Law claim. These warranties are discussed in greater detail in a separate section below. Either way, you need to have made a “reasonable number of attempts to get your new Volkswagen repaired” before filing a legal claim.
California has one of the most extensive and buyer-friendly VW Lemon Laws in the nation to ensure consumer protection. If you have a VW lemon, your options are 1) to have Volkswagen repurchase or replace your vehicle or 2) negotiate a cash settlement with Volkswagen. When you hire Neale & Fhima, our VW lemon law lawyers will help you take a look at your options so you can make an informed decision. Find out more in: What to Do if You Have a Lemon.
Call us for a free initial consultation about a potential Volkswagen Lemon Law claim at (888) 407-2955.
How Does VW Lemon Law Buyback Work?
Under the Song-Beverly Consumer Warranty Act, if you purchase a defective VW, you are legally entitled to a refund, or the vehicle can be replaced at the manufacturer’s cost. The Volkswagen Lemon Law in California stipulates that VW is required to buy your vehicle back if it has “nonconformities,” which are defined as any defect or malfunction that is covered by the manufacturer’s original warranty. Nonconformities compromise the use, value or safety of the Volkswagen. California’s lemon law applies to both new and used Volkswagens, though you must have a certain type of vehicle warranty to be protected.
What Are the Steps To Filing a VW Lemon Law Claim?
The first step is to determine that your new car VW warranty is still in effect; remember, service contracts and extended warranties do not count. Then the process includes sending a demand letter to Volkswagen. One of our VW lemon law attorneys at Neale & Fhima can do this on your behalf. Our attorneys expect resistance, because auto manufacturers are multinational corporations with dozens of lawyers who work hard to defeat lawsuits and block financial payouts. At Neale & Fhima, we pride ourselves on creating legal strategies that give our clients the best possible opportunities to succeed with their legal claims. Find out more in: The Lemon Law Claims Process.
There is a time limit in California for filing your Volkswagen lemon law claim. The statute of limitations under California’s Lemon Law is four years, but don’t wait that long. If you have purchased or leased a lemon, start collecting copies of your repair bills and warranty now. The longer you wait, the more frustrated you will become.
There are many defects that could affect your Volkswagen’s safety, but there is no requirement under the law that the defect actually endangers you. So, if the VW has a defect with the check engine light, fuel gauge or speedometer or its automatic mirrors, the mere fact that they work unpredictably could be enough to be the basis of a Volkswagen lemon law claim.
What About the Volkswagen Lemon Law and Used Cars?
Some VW used cars are covered under California’s Lemon Law depending on whether your car has a warranty. If you bought the VW “as is,” then the law does not apply. But if you have one of three specific warranties, then you may be protected.
Transferred VW New Car Warranty
As a buyer of a recent model VW used car, you may have a copy of the Volkswagen’s new car warranty. When a titled VW is sold to a new owner and the vehicle is still under its original warranty period, the VW warranty protections transfer to you for the duration of that period.
Certified Pre-Owned (CPO) Warranty
“Certified Pre-Owned” VWs have more protections than typical used cars. Only authorized dealerships can sell Volkswagen CPOs, so if you bought your vehicle elsewhere this warranty will not apply to you. Certified Pre-Owned means that these VW used vehicles have been inspected, repaired and resold, and therefore they come with a CPO warranty.
Lemon Law Buyback Warranty
If you buy a VW used car that was once a lemon (but Volkswagen repaired it and resold it), then you should have received a “lemon law buyback warranty.” Volkswagen is required to provide new owners of these VW buyback lemons a 12-month/12,000-mile warranty covering the lemon’s defect.
If you have questions about the VW lemon law for used vehicles, which is rather complex, a VW lemon law attorney can help. Call us at (888) 407-2955.
Choose Neale & Fhima as Your VW Lemon Law Attorney
We have taken many of these lemon law cases to court and successfully secured legal remedies for our clients. Here are a few of the reasons you should choose us for your VW lemon law claim:
- Experience. Our attorneys have more than 40 years of combined experience.
- Free Consultations. We will always discuss your situation with you in a free initial consultation before you make any decisions about a claim.
Call Us Today
Remember there’s a time limit on your VW lemon law claim in California. Don’t wait too long. Let’s talk today to determine whether you can take lemon law legal action and get your VW replaced or repaired at no cost. Call our lemon law attorneys at Neale & Fhima at (888) 407-2955 for a free conversation about your case. You don’t have to get stuck with a VW that doesn’t work!