Lemon Law for California

• Often times, your new car isn’t suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. 

• Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.

• Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the “reasonable attempts to repair for the same defect” clause.

• Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period.

• If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

If you financed or leased your vehicle, you are entitled to get back your down payment (or lease inception fee), government fees, trade-in equity, license fees and all the monthly payments you have made up to the date of settlement.  You may also be entitled to towing reimbursement, as well as rental car expenses you personally paid during your warranty repair visits.  The manufacturer pays off the existing loan (or lease),  you turn the vehicle back in to the car dealership, and you get your Lemon Law refund check.  This is known as a vehicle repurchase.  In certain circumstances you may also elect to take a replacement vehicle in lieu of a repurchase.  This is known as an exchange of collateral.  Your loan remains the same, and you simply “swap” your present vehicle for a new one with the same equipment. Leased vehicles are treated in the same way.

In any Lemon Law action, the manufacturer is entitled to an offset for mileage based on the odometer reading at the first time you had your vehicle repaired for a recurring problem.  There is a specific formula for calculating this offset, which your Lemon Law attorney will discuss with you.
How long can this process take?

We can usually reach a settlement with the manufacturer within 30-90 days by retaining our firm. A very large number of cases are settled in as little as 30 days!  You will not damage or compromise your credit by taking advantage of the Lemon Law.

As you can see, after you retain our firm it can be a very quick process. And we keep you updated on your cases progress. You no longer need to be involved with car dealers or auto manufacturers and suffer the frustration and anxiety of dealing with these problems.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

Although most everyone is aware of the lemon law as it pertains to buying a new car, many consumers may be surprised, and relieved, to know that the lemon law can also extend it’s coverage to used cars. The used car lemon law, like it’s counterpart, can change from state to state, but there are some basic details that will help you to decide if you qualify for this coverage.

First, when you purchase the used car, it has to come with some type of warranty, either the manufacturer’s warranty or one written expressly for that car. These warranties include extended warranties and warranties that are written from the car dealership. This is critical. Without any type of warranty, in most states, the coverage will not apply. If you have bought your car privately, chances are remote that you will be covered. If you have met the requirements needed when purchasing your used car so that the used car lemon law pertains to your purchase, there are steps that you need to be aware of that will help if you find you’ve purchased a lemon.

Document, document, document! This, again, is critical. Keep a written account of every repair, every person you have spoken to about these repairs, and what was said in these conversations. Make sure you receive an invoice and a warranty for repairs each and every time your car is in the shop. Even if the repairs were covered under a warranty, get an invoice anyway. Without documentation to back up your claims, damages under the used car lemon law will be hard to prove.

Be accurate. Make sure you’ve detailed the problem clearly and thoroughly and that the repair shop has written everything down just as you said it. Do this every time you take the car in for repairs. Keeping this information clear and precise will help if you need to use the used car lemon law.

If your car breaks down on the road, document the time and date and exactly what happened and where. Make sure this goes into the record at the repair shop. Also, before you turn in your car for repairs, make a note of the odometer reading. Have them record this on the invoice. By doing all these things, the used car lemon law should work effectively and could just be the out you need.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]