Q:
What are the CA lemon laws? I have problems
with my new car, [truck, motorcycle, or motorhome],
but the dealer has not satisfied my complaints.
What are my legal rights?
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A:
California has consumer
protection laws, called the "lemon laws."
If your situation qualifies we will be able
to have the manufacturer take your vehicle
back and recover most of your monies.
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Q:
How do I know if my situation generally qualifies
under the "lemon laws?"
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A:
Basically, so long
as your vehicle has a manufacturing defect
which affects safety, value, or use, and
it cannot be repaired after a reasonable
number of attempts by the manufacturer's
or dealer's service personnel, and the original
repair occurred within the warranty period,
then the vehicle is likely entitled to these
legal protections.
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Q:
Do the California "lemon laws" cover
used vehicles and "demonstrators."?
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A:
A demonstrator is
considered a "new" vehicle and
is covered. Any used vehicle sold with an
unused portion of the manufacturer's new
car warranty may also qualify the used vehicle
to be covered.
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Q:
What is the "lemon laws" presumption?
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A:
The California "lemon
law" presumption is merely a legal
device which is only meaningful if negotiations
with the manufacturer fail, and you must
resort to litigation. It then allows the
consumer/plaintiff to establish at trial
that she or he has met the plaintiff's normal
burden of proof that the vehicle is a lemon
and shifts the legal burden to the manufacturer
to prove otherwise. That's all it does.
It is not, however, a prerequisite to filing
a lemon law claim!
The
presumption states that if you have 1. purchased
or leased a new car, truck, motorcycle,
motorhome, or boat, for 2. personal or small
business use, and 3. if during the first
18 months or 18,000 miles you brought the
vehicle to a dealer for repair of the same
or similar problem four or more times, or
only two or more times if the manufacturing
defect results in a condition that is likely
to cause death or serious bodily injury,
or if it was out of service for a total
of more than 30 days within that time, and
4. if the problem is still not fixed, then
5. the legal presumption is established.
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Q:
Do I have to qualify for the "legal
presumption" in order to obtain the
benefits of the California "lemon laws?"
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A:
No. The presumption
is neither a requirement nor a prerequisite.
There are many situations which do not exactly
meet the "lemon law" presumption,
but which may still entitle you to "lemon
law" protection. So long as the defect
affects safety, value, or use, and occurred
within the warranty period, and cannot be
repaired after a reasonable number of repair
attempts, the vehicle is entitled to these
legal protections. One of our attorneys
will be glad to review your situation to
see whether it is covered.
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Q:
What am I entitled to recover? Do I need to
first go through arbitration?
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A:
If you qualify we will be able to recover
your down payment, (including registration
fees, licensing fees, taxes, transportation
costs, etc.), plus your total monthly lease
or loan payments, plus a portion of your
attorneys' fees, less only a reasonable
"usage fee" based on mileage as
allowed under the California lemon laws.
And
NO, you do not need to first go through
arbitration to make a "lemon law"
claim. In fact, arbitration can be dangerous
because if the decision is against you,
that decision may later be used as evidence
against you in any subsequent court action
which you may file against the manufacturer.
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Q:
How long does the lemon law process take?
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A:
The manufacturer
has 30 days to comply with our formal legal
demand. Once you have accepted a satisfactory
offer it takes approximately another 15
to 30 days to return the vehicle and receive
your payment from the manufacturer.
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Q:
What about attorney's fees?
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A:
With our "no recovery - no fees"
policy, if you do not recover a satisfactory
settlement, you pay nothing. And we do not
require a retainer. Your portion of the
attorneys' fees only comes out of the monies
we recover for you from the manufacturer.
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Q:
What do I have to do?
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A:
Call 888-EX LEMON
for a free consultation. You then mail or
fax your documents to us for our legal analysis.
Once we have reviewed and accepted your
case, discussed it with you, and you have
retained our firm, we do it all. You will
only need to return the vehicle to the manufacturer
and receive your payment.
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Q:
Is that all I have to do?
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A:
Yes. We work with
the manufacturer on your behalf "behind
the scenes." As far as you, the consumer,
is concerned, that's all you need do.
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Q:
What other kinds of cases does your firm handle?
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A:
We are a full service
law firm specializing exclusively in "lemon
law" and related vehicular and consumer
protection cases.
We
handle "lemon law" cases for clients
throughout the entire State of California.
There is no need for our clients to initially
meet with us on these cases because once
you fax or mail us your documents, we do
it all . . . without any inconvenience for
you.
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Q:
How do I contact you?
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A:
Call our TOLL FREE number
888-EX LEMON (888-395-3666). TOLL FREE FAX
number 888-270-0079. |
