How Do The Lemon Laws In California Work?

If you have bought a car or intend to buy just about any automobile, you should be glad to hear that there exists lemon laws in California that protect the rights of consumers who have been duped into buying a malfunctioning car that has inherent mechanical or structural anomalies that the manufacturer has not been able to address even after numerous attempts. Lemon laws in California were passed by the state legislators under the Song-Beverly Consumer Warranty act in order to safeguard the interests of consumers who purchase problematic vehicles that start malfunctioning within the warranty period. However, once the warranty lapses the court can no longer order a refund or a replacement.

For people who are not aware of the term lemon and its connotations; this is simply a vehicle in which serious defects occur within a short time of purchase from the manufacturer or dealer. Because the lemon laws in California not only deal with cars but also other types of automobiles and also boats, several lawyers in the state specialize in lemon law cases. These attorneys guide people on their rights as the consumer and how to claim these rights in the court of law. They explain all the issues concerning lemon laws to the client so that consumers can be better informed about what they can and cannot do.

A consumer should approach the court in case of defective vehicle purchases only when all other legal recourses have been exhausted to try and get the manufacture or dealer to see reason. While not all people get a replacement, you can be sure that moving court is the only way to ensure that a single person is heard against a company such as an automobile giant. If you have a string case; there ate very good chances that you may get a replacement or a full compensation as you desire; however most companies choose to settle out of court because they simply cannot afford the ignominy of manufacturing bad vehicles and bad customer service.

When you approach a law firm or an attorney about the issue; they will usually be able to advise you on whether you qualify for a lemon law case. The usual requirements to qualify for such a case include proof of the fact that the vehicle was indeed purchased from a dealer or manufacturer; that while the warranty was still valid the vehicle started to malfunction and despite all efforts the manufacturer failed to provide a concrete solution to the problem and rectify the vehicle. You will also need to have some evidence in your possession showing where you took the vehicle for repair and what you were told to strengthen your case. The court will then determine if your claims provide enough grounds to order the manufacture to refund the purchase amount or to replace the car. If found at fault, the manufacturer will generally have to give a full refund to the consumer.

However, you need to understand that your lemon is not a blank signed check from the manufacturer, in other words, don’t expect to get rich on the compensation, quite simply because the lemon law in California were designed to ensure that the customer gets back what he/she has lost and no more. So even if you have a very strong case, the compensation will seldom exceed the purchase amount. You cannot expect the court to accept your claims for an exorbitant amount of money on the grounds of the emotional distress that the lemon caused you. So it is certainly not practical to make any claims that exceed the purchase amount; doing so will simply destroy the credibility of an otherwise strong case.

However, you can expect to get back not only the purchase price but also expenditures that you may had to incur in order to buy the vehicle such as the registration charges, finance charges, down payment, incidental expenses, lease or monthly loan payment and even the attorneys fees. A lemon law case is usually wrapped up in three months tops ; however, there have been cases when the verdict came out early.

Author Bio: Seomul evans is a SEO consultant for California lemon law and also write Free Law Content

Category: Legal
Keywords: Legal, Law, Lawyers, Attorneys Lemon Laws

Leave a Reply