150,000 Vehicles Record Constant and Irreparable Problems Each Year
California’s Lemon Law Defends Your Consumer Rights!
Selling or Leasing A Damaged Car Is A Fraud!
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It’s illegal to sell and lease lemons. If you recently acquired a car and it has not left the workshop, you might be entitled to money.
Damage Beyond Repair
A “lemon” can be any car, truck, RV, motorcycle, or any other type of vehicle that has persistent problems or a substantial defect.
A substantial defect is any problem covered by the warranty that Affects the use, value, or safety of your vehicle. In California, it must occur within 18 months or 18,000 miles of your purchase.
However, the defect should not have been caused by an accident, misuse, or modification of the vehicle after purchase.
Is My Car A Lemon?
For a vehicle to be considered a “lemon,” it needs to allow the dealer or manufacturer to try a reasonable number of times to fix the problem. The number of attempts will depend on the failure:
If the defect affects seriously the safety of the vehicle (such as brakes or steering), the manufacturer or dealer will only have one attempt to repair it.
If the defect is not serious, the dealer or manufacturer has three to four repair attempts, although the number varies depending on the condition of the vehicle.
If the vehicle remains in the store for up to 30 days, within a period of one year, to repair one or more substantial defects of the warranty, the definition of “lemon” applies.
Under the California Lemon Law, these repairs must be made within a reasonable distance from the buyer’s address, and also the consumer is entitled to compensation for purchasing a lemon; however, if the problem persists after several repairs, the consumer is entitled to a full refund or replacement of the vehicle.
Contact Farahi Law Firm
At Farahi Law Firm we are committed to providing you with the highest quality of legal services so that you get the justice you deserve. That is why we are constantly considered among the 100 best firms in the entire country. Call us for a free consultation. (844) 824-2955 or email us at info@farahilaw.com
YOU ARE ENTITLED TO
In the latter case, you must seek the advice of a lawyer specialized in the subject since the process usually can get a little complicated. However, you should know that you have the right to:
Cost of
your vehicle
Costs of
towing the vehicle
Rental of
another vehicle
Attorney's
fees
Additional
compensation
Civil
penalties
Reimbursement of other expenses incurred
Leased, Used, And Old Vehicles
The California Lemon Law covers all vehicles, no matter how old they are, of if they are leased or used, as long as they are having warranty problems. The Lemon Law may also apply to a vehicle even if the original new vehicle warranty has expired, particularly when the vehicle is still having problems and there are repair orders during the original warranty period.
DOCUMENT YOUR CASE
If your car has already been listed as a “lemon,” you will need to:
01
Write a letter to the manufacturer detailing the problems you have had with the vehicle.
02
Ask him to buy back the vehicle for being a "lemon."
03
Send the letter by certified mail, return receipt requested, to the address the manufacturer published in the vehicle manual.
Manufacturers are required to provide clear and overt guidance in all-new owner manuals. Avoid calling the customer service number. To document your case, you must contact the manufacturer by letter.
Possible Scenarios
The manufacturers may voluntarily buy your defective vehicle from you without you taking additional action; however, they could also put obstacles to repurchase it.
In any case, you must consult a lawyer to advise you throughout the process. At Farahi Law Firm we have the specialists you need and we are always available to discuss your legal options.
Trying to muddle through the Lemon Law without an experienced lawyer is a risk that could leave you without compensation you deserve and stuck with a defective vehicle. Do not let that happen to you. Contact us today.
Biased Arbitrations
To resolve conflicts under the Lemon Law, some manufacturers have arbitration programs; processes that they pay, so it comes as no surprise that they tend to favor manufacturers.
Because of this, the National Association of Consumer Attorneys (NACA) suggests that before attempting to resolve a dispute through arbitration, consult with an attorney experienced in such cases.
Documents You Will Need
- NACA also recommends collecting the following vehicle documentation that will be useful in the process:
- Warranty
- Repair orders
- Inspection reports
- Technical service bulletins
- You must make copies and send them to the arbitration panel.
- Once the arbitration program has all its documentation, you must assign a hearing date within 40 days. In the event you experience a delay, file a complaint with the Department of Consumer Affairs.
- Please note that the manufacturer cannot charge you for using the arbitration program, and once a decision has been made, you can either accept or reject it. Themanufacturer only has 30 days to comply because they have no appeal.
Courts
In case you decide to go to arbitration, and it doesn’t favor you, don’t worry. You can still go to court and file a replacement or refund lawsuit. Most cases under the Lemon Law favor the consumer.
You can even go to this instance if the manufacturer does not have a certified arbitration program. In both cases, you should have an experienced capable attorney on your side to guarantee you get the compensation you deserve, as well as restore your rights as a consumer.
It Is Not Mandatory
As soon as your vehicle fails and can’t be fixed, you must seek the advice of an attorney immediately, because the California Lemon Law does not require the consumer to participate in arbitration that may be offered by the vehicle manufacturer to pursue a Lemon Law claim. Don’t let them trick you!
Contact Farahi Law Firm
At Farahi Law Firm we are committed to providing you with the highest quality legal services so that you get the justice you deserve. That is why we are constantly considered among the 100 best firms in the entire country. Call us for a free consultation. (844) 634 8287 or email us at info@farahilaw.com
