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Laws and Requirements
Expert Lemon Law Attorney based in Los Angeles, CA
Even though most purchases of vehicles go smoothly, some buyers encounter difficult circumstances that are attributable to mere bad luck. Their new ride may turn out to be defective even while under warranty; no matter how often it gets repaired or what type of support is rendered available by service centers; making matters even worse are unexpected breakdowns which drain time, and money, and give rise to additional hassle.
Being the owner of a defective vehicle puts owners in an uncomfortable situation, since both manufacturers and dealerships may attempt to escape responsibility by throwing around various arguments against you – such as “it was their decision!”.
- The vehicle owner is ultimately accountable for any resulting defect. Its
- Warranty coverage does not extend to this issue.
- It cannot be classified as “lemon,” even if repeated repairs need to be addressed on it over time.
So what should a buyer do in this instance? In California, consumer laws provide some relief if your vehicle qualifies as a “lemon.” If it continues to play up even after attempts have been made at repair and compensation may be available from Lemon Law regulations.
Understanding California Lemon Law may prove challenging for new plaintiffs without prior legal experience, however here at Lemon Law Duo we believe you must develop an understanding of its basic concepts before meeting with any experienced Los Angeles Lemon Law lawyers or seeking their counsel for assistance. Therefore let’s review some key points.
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What Protections Do Consumers Enjoy Under California Lemon Law?
In California, consumer protection for defective vehicles falls under the Song-Beverly Consumer Warranty Act and specifically its California Lemon Law component. Under this statute, manufacturers and dealerships are held liable to honor commitments made within their warranties; sincere efforts must be made by manufacturers to address alleged defects; failure after reasonable repair attempts could constitute “lemon status”, and manufacturers are then obliged to offer either replacement vehicles or refunds plus cover any attorneys fees for consumers seeking justice under this scheme.
When is a Vehicle Considered a Lemon?
Determining whether a vehicle falls within California law as a “lemon” can be determined on an individualized, factual basis. Courts evaluate each case individually; for example, if your engine shuts off hourly while attempts by the manufacturer to fix issue have proven futile then courts might view your car as a “lemon.”
California makes Lemon Law claims easier by creating a presumption – when certain facts are true, if any you will receive a rebuttable presumption that your vehicle may be considered “lemon.”
These circumstances – when combined – will act to confirm our hypothesis:
- Your vehicle has undergone at least four attempts at being repaired; or in situations that could potentially lead to death or serious physical harm; but without success;
- At least 30 days have elapsed between repairs on this car, and its warranty covers its failure due to defects at issue.
So how exactly does this work?
Imagine that your new truck has an issue with its brakes that persists despite numerous visits to its manufacturer’s repair shop; yet nothing has been resolved, with brakes continuing to fail while driving and no identification being forthcoming from them; since repairs for over one month has also gone nowhere; therefore all requirements for presumptive liability have been satisfied as two attempts at repairs (in this instance for brake defects) must occur for it to qualify as dangerous enough to pose imminent threats of death or serious bodily injury (i.e. causing death or serious bodily harm (ie. ).
Note that being entitled to the Lemon Law presumption does not in itself count as a definitive win; though it will give you considerable leverage against manufacturers who attempt to dispute your arguments by challenging or refuting your Lemon Law presumption. If they believe they have something countering your claims then they might try and overthrow it by refuting or countering these presumptions with counterarguments of their own.
