Lemon Law Attorneys in California
If your vehicle is a lemon, your manufacturer should replace your vehicle or buy it back; however, if it refuses to do so, you have options. You can pursue arbitration or seek a lemon law attorney. If you choose to hire an attorney, you can actually get your fees paid by the manufacturer if you prevail.
A lemon law attorney knows the ins and outs of the CA lemon law and can help you manage your case and receive the highest amount possible.
Other benefits of letting an attorney handle your case include:
- Your lawyer knows your consumer rights.
- You may end up getting a resolution much quicker than attempting to deal with the issue yourself.
- You will have more negotiating power with an attorney at your side that knows the law.
- Your attorney can handle correspondence with your manufacturer so you can avoid making statements that could damage your case.
In California, a vehicle is presumed to be a “lemon" by the Song-Beverly Consumer Warranty Act if, within 18 months of the vehicle's delivery to the buyer (or 18,000 miles on the odometer):
- 2 attempts or more have been made by the manufacturer to repair a warranty problem that could result in death or serious injury.
- The manufacturer has attempted to repair the same warranty problem at least 4 times.
- The car has been out of service for 30 days or more for repair to warranty problems.
- Problems to the vehicle are not the result of abuse by the owner.
If your car qualifies as a lemon, the manufacturer has the responsibility of either:
- Replacing your vehicle.
- Refunding you for the vehicle's purchase price.
If your manufacturer refuses or unreasonably delays doing either of the above, you can:
Before deciding to hire a lemon law attorney, you may wish to consider arbitration. In the process of arbitration, a neutral arbitrator helps resolve the dispute between you and your vehicle manufacturer.
You can seek arbitration if:
- You've already attempted to resolve the dispute with your manufacturer.
- The warranty problem has not been repaired and is substantially hampering the use or safety of your vehicle.
- The problem is covered by the original warranty.
- Arbitration is free.
- The decision is not binding for the consumer in California.
- It does not require you to hire an attorney.
- You may end up receiving less than the California Lemon Law allows.
- You may get stuck in arbitration for long period of time.
- The rules of discovery are limited in arbitration, which means it can be harder for the consumer to prove his case through evidence.
When you are considering an attorney for your lemon law case in California, make sure to find an experienced attorney. You'll want someone who has handled lemon law cases in the past and knows the details of the lemon law well.
Make sure to ask all your questions upfront to ensure you are happy with your choice of attorney. Begin your search for the right attorney today.
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