The lemon law, legally known as the Song-Beverly Consumer Warranty Act, is a law that is designed to protect consumers against buying vehicles that are not safe or reliable, usually due to manufacturer’s defects. Not every state has a lemon law, but the state of California does, and it is one of the most consumer-friendly lemon law laws on the books. If you have a vehicle that you suspect may be covered under California lemon laws, a lemon law lawyer may be extremely valuable to you. Here is more information about what a lemon law lawyer does and how they can assist you with a possible claim.
What Does a Lemon Law Lawyer Do?
The number one thing that a lemon law lawyer does is work to help consumers who have purchased vehicles that are covered under lemon laws. In a perfect and ideal world, manufacturers would recognize that despite their best quality assurance processes, every now and then a vehicle slips through that has problems. That manufacturer would then do what is necessary to ensure that the vehicle is repaired and is everything you paid for, or they would replace the vehicle to ensure you got what you paid for.
Unfortunately, we do not live in a perfect world, and getting a dealership or manufacturer to help you if you have received a lemon of a vehicle is challenging. This is where lawyers come in. Lemon law lawyers know what the laws are, and what is required by dealerships and manufacturers if your new car is a lemon. They work to get your car repaired, or, if the problems are extensive, work to get you a new vehicle.
What Types of Issues Are Covered Under the Lemon Law?
The lemon laws in California typically favor consumers. This is because the language as to what is covered is very wide open. According to the law, the law helps to protect consumers who have purchased a new vehicle and have since found that the vehicle is unsafe or unreliable or that the vehicle has defects that negatively affect the value of the vehicle. Some of the most common types of vehicles that are covered under the lemon law include cars, trucks, SUVs, motorhomes, boats, motorcycles, and travel trailers.
How Does a Lawyer Prove Your Issues Qualify Under the Law?
One of the questions that is often asked is how do you prove that something is a defect versus the problems you are experiencing are due to normal wear and tear or use. As a general rule of thumb, a lawyer will have your vehicle inspected by a few experts, including those who are familiar with the make and model of vehicle you are claiming is a lemon. They will inspect the vehicle and help to determine what the issue is and why it is happening. If multiple experts conclude the issue you are experiencing is a defect or flaw, the lawyer has likely met their burden of proof.
Why Are Most Issues Settled Before Going to Court?
When it comes to litigated lemon law cases, most cases are settled before they ever go to trial. This is because once a dealership or manufacturer realizes you have an attorney, they realize how serious the situation has become. Many will work to repair the car or replace the vehicle quickly once they realize that a lawyer is involved. Unfortunately, it can be hard to get the same results on your own. This is because the dealership or manufacturer may not take you seriously or may think they can blow you off. If you want results you cannot get on your own, turning to a lawyer is strongly recommended.
Is There a Statute of Limitations For Lemon Law Claims?
In the state of California, there is a statute of limitations of four years for lemon law claims. In most cases, this means you have four years from the time you bought the vehicle or four years from the time a reasonable person realized their vehicle had flaws or defects. If you do not file your case before the statute of limitations expires, you will lose your right to any type of legal action or recovery. This means that the manufacturer or dealership is no longer legally required to pay for repairs or replace your vehicle. So it is important that you file your case before the statute tolls. A great law firm can advise you when the statute tolls for your case and ensure your case is filed prior to the statute expiring.
Are Used Vehicles Covered Under the Lemon Law?
As a general rule of thumb, used vehicles bought from private parties are not eligible for consumer protection under lemon laws. If your used vehicle was purchased from a dealership, there is likely some type of lemon law protection offered. However, lemon laws, including what types of elements are covered and what a dealership or manufacturer is required to do, are different for used cars compared to new cars. A knowledgeable lemon law lawyer knows the differences between lemon laws pertaining to new versus used cars and can help you determine if your car is covered and what exactly may or may not be covered.
Getting a manufacturer or dealership to step up and make things right if your new vehicle is a lemon is not always easy. If you have received a lemon of a car, and it is not what you paid for, and you have tried going to the dealership or manufacturer and you have not gotten anywhere, now is the right time to hire an attorney. Here at Neale and Fhima, we know that it can be frustrating if you did not get the reliable and safe vehicle you were led to believe you were purchasing. We will work hard to ensure that you get what you paid for through every legal means possible. Reach out to us today to learn more about how we can help you.
