California Lemon Law Cases

Sometimes an automobile purchaser is not successful in obtaining a refund or replacement for a defective vehicle bought under warranty from manufacturer. The manufacturer may make some unsuccessful attempts to repair the vehicle and do little else. Because California Lemon Law expressly states that the purchaser is entitled to a refund or replacement under such circumstances, a case can be filed against the manufacturer.

The legal process of enforcing the California Lemon Law obviously requires an attorney who is experienced in this legal field. Once the purchaser decides to file a case against the manufacturer, the attorney will have to be filled in on the various details pertaining to the vehicle. For instance, the following details will be called for:

• The make and model of the vehicle

• The year of manufacture

• Current mileage (and mileage at the time of sale in case of used vehicles)

• Name, address and contact details of the dealer

• The date the purchase or lease was made, along with a copy of the document

• The details of the warranty

• A detailed list of the problems encountered by the purchaser

• The number of attempts made to repair the vehicle

• The number of days for which the vehicle was under repair

A good Lemon Law attorney will obtain either a replacement or a refund for the disputed vehicle and have the manufacturer cover the costs incurred by the consumer during the use and repair of the vehicle, as well as legal fees. The attorney should not charge for an initial consultation and evaluation of your case.

Attorneys specializing in California Lemon Law cases are in great demand, and many of them offer toll-free telephone numbers for evaluations. You can usually fax or email the basic details to them for this purpose.

California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.

About Lemon Laws

Lemon laws were designed to protect the consumer. Buying a vehicle is one of the major purchases a person can make and having protection against a bad deal is important. Lemon laws differ from state to state, but the basics of the law are standard throughout the United States.

The lemon law gives consumers a basic definition of what considers a vehicle to be a lemon. It also states the manufacturer is responsible for problems and goes on to define how matters should be handled when a lemon is in question. The lemon laws sets up a warranty period that is usually between 12 and 24 months. It also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Most often serious defects that would affect the safety and security of passengers is allowed one attempt to correct. Other lesser concerns usually are allowed three attempts. When the refund is given there are dedications for use of the vehicle. This usually correlates with the number of miles on the vehicle. Not every situation qualifies under the lemon law, so checking state regulations is important before attempting to use the law.

Once you know your situation qualifies under the lemon law there are some steps to take. Repairs are an important part of the lemon law, as stated above, there are a certain number of attempts allowed to try to repair the defect. It is important that you keep good repair records to prove the attempts have been made. After repairs have been attempted you have to notify the manufacturer about what is happening. You should then be set up to get the refund or replacement. Sometimes the manufacturer will disagree and you may have to go to court to resolve the matter.

Lemon laws are a way to make manufacturers responsible for the vehicles they make. When a person buys a vehicle they expect to be able to drive it and use it, not be stuck with major problems. Fortunately more often than not major defects are caught as soon a the vehicle is on the market and the manufacturer steps up to replace them. However, if this doesn’t happen then your state’s lemon laws are there to look out for your rights.

About the author: Stephen Kreutzer is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides lemon law information on Lemon Law Facts.

State Lemon Laws

If you are fortunate, you can purchase a brand new car. If your fortune takes a turn after you purchase the car and problems arise with the car, what can you do? Are you covered under the state lemon law? Can you just return the car? Will the dealer talk to you? What requirements must my car fit in to be called a “lemon”?

Do you have a lemon? You may not like something about the car, but that doesn’t qualify it as a lemon. Now, if the brakes don’t work or the car won’t go into gear or it won’t run over 30 mph, then you might have a lemon. But, you must give the manufacturer an opportunity to fix the problem. In most states, 10 different defects during the warranty period do not constitute that the car is a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt. First rule: Keep up with all of your receipts and repair history.

State laws vary, but a rule of thumb is if the car problem can’t be fixed with 4 tries or the car has been out of commission for more than 30 days during the first year or 12,000 miles.

Before you buy the car, you should have checked out the car’s repair history. Did you check the VIN number on some popular websites to see if the car was in an accident?

The manufacturer doesn’t have to replace or refund the car if the defects do not impair the use and value of the car or the condition of the car was due to customer’s abuse, neglect, or unauthorized alterations. Be careful, as you can get yourself into a pickle.

A lawyer that is familiar with state lemon laws can help you determine a variety of problems like whether the car was damaged at the time of delivery. Was there fraud or deception in your financing paperwork? Were repairs attempted beforehand to cover up defects? Lawyers go through an extreme investigation on your vehicle to make sure how these items affected your value, safety, or use.

The lawyer will submit a detailed account to the manufacturer, usually after hiring an ASE certified mechanic to go over the car. Did you know that the auto repair shops use several work orders? They have one for you to look at, but they also have one for the technician. If the problems are too hard to fix, they may be told not to fix the car. Your lawyer will drag all of this out in front of the manufacturer or judge, if necessary.

In summary, you understand now that if your paint is peeling, then you don’t have a lemon. If your brakes aren’t working and the dealer can’t fix them, then you may have a lemon.

About The Author

Stuart Simpson http://www.state-lemon-law.info