What are My Rights under the Lemon Law in California?
So what exactly do you win when you win a lemon law case? In short, you receive a car refund for a faulty vehicle that a dodgy car salesman tricked you into buying. Many people with defective cars are interested in the outcomes of a lemon law case. This is largely because it gives them a reason to appeal for a case and get relief.
It is important to note that out of every 10,000 brand new cars or trucks, 600 are lemons, or, in other words, faulty. If you are stuck with a lemon car, then there are specific federal laws that protect you in this case.
Therefore, when life gives you lemon cars, turning them into lemon pies may only require a little effort. Below, the article will discuss winning the lemon law case, along with your rights under the lemon law.
Vehicles that Qualify Under the Lemon Law in CA
Lemon laws in California are used to legally hold manufacturers and car dealers to reasonable implementation of their warranties. There are no specific lists of cars that qualify for the lemon law. In fact, all types of cars can be eligible for the lemon law regardless of the model and make. Whether the vehicle is new, leased, purchased, the lemon law can apply.
Not to mention, lemon law can sometimes apply to objects other than cars as well. These involve appliances, planes, motorcycles, appliances, electronics, and others. Nonetheless, the majority of cases that you see have to do with defective automobiles.
How does the lemon law work? Well, if you have purchased a defective vehicle, which has certain problems, then it is the responsibility of the dealership to repair it within a certain time. If the dealership is unable to fix it within a certain time period and within a certain number of attempts, then the vehicle qualifies as a lemon.
The lemon law applies in all 50 states in the US, and in each state, there may be slight variations regarding its framework. Nevertheless, the law helps fight against automobile manufacturers and car dealerships that undermine the safety of the passengers and focus more on their profit margin.
This makes the lemon law an incredibly important addition to the judicial framework. When Californians win lemon law cases, they make the road a much safer place for residents, pedestrians, and drivers. The strong implementation of the law also keeps automobile companies and retailers on their toes when dealing with vehicles.
Rights after Winning a Lemon Law Case
So what do you get when you win a lemon law case? Usually, this comes to one of two possible solutions. The first solution is that you get a replacement for the defective vehicle. The second option is a cash-back refund or a buyback. Here, the dealership or manufacturer gives you the amount that you initially paid for the vehicle and takes the defective car back into ownership.
Trading your car in for a different vehicle involves certain considerations that you should take when doing so. The replacement vehicle does not have to be the same color and model; however, it needs to have a similar value. It should also come from the same manufacturer and have similar MSRP costs.
This can be troublesome for some car owners as it involves doing business with the same dealers that lied to you in the first place. Moreover, since the cost of vehicles fluctuates, you may also have to pay a few dollars extra for a car replacement if the price increases. Fortunately, you have the option of a cash refund.
Nonetheless, this is not to say that this doesn’t also come with complications. When you win the lemon law case, it is your right to get the exact money that you paid for the vehicle. This could be great if you purchased the car by paying its total price.
Complications occur when you buy the car on lease. For that, you will have to calculate the down payments and the amount that you have paid so far.
Like consumers, manufacturers also have the right to deduct the price from your settlements. They can exploit this right and add money to the new vehicle that was rolled over. Other times they will deduct money during negotiations and cut costs for the period of time when the car did not have any problems.
Overall, dealerships do not let you off easy after you win a lemon law case. This is why you need a law firm that specializes in lemon law and has vast experience handling cases in California. Another option for the reward of winning a lemon law case is a cash-and-keep procedure.
With this outcome, you get to keep the defective car, and the manufacturer or the dealer pays you for all the troubles that the vehicle caused.
In some instances, people that do not even have a good lemon law case get compensation from the manufacturer. This settlement is often less than a full buy-back claim for the vehicle. However, depending on your situation, the offer can also make sense to you, and you may even settle for it.
In addition, you want to make sure that your appeal and case for the lemon law happens while your car is still under warranty or extended warranty. Even if you no longer have a warranty and the problems arise while your vehicle is under warranty, you might still have a case.
Without any warranty, it is very difficult to file for a lemon law case. Nonetheless, you can still have legal protections such as auto fraud, contract breach, and more. Below, the article discusses the factors that make a good lemon law case.
What Constitutes a Good Lemon Law Case?
What triggers your rights as a consumer under the lemon law in California is a reasonable amount of repair attempts to resolve significant issues inside a car. This does not mean that it has to be a catastrophic defect to the car.
However, if the defect is very minor, such as a slight static in the radio, or a minor noise that you hear once in a while, then you do not have a good lemon law case. Instead, the problem has to be more serious such as defects in mechanical functioning, comfort, reliability, and security.
In other words, it has to be issues that can potentially put you or the passengers in harm’s way. Another thing that solidifies your lemon law case is a reasonable number of repair attempts. Generally, three attempts make a good case; however, keep in mind that the numbers can be a sliding scale.
For instance, if you have a very serious problem with the car, then one or two repair attempts can be all you need to make a good lemon law case in the state of California. On the other hand, if the problem is less serious, then you will need more repair attempts to trigger your lemon law rights.
All the fixed numbers that you may hear pertaining to repair attempts and days out of service are all legal jargons and aspects of the California lemon law that may give you an added advantage as a consumer. Nonetheless, the standard lies within the reasonable number of repair attempts that correspond correctly to the type of defect.
Why Choose Alpha Law Firm?
At Alpha Law Firm, lemon law specialists pay close and thorough attention to your case. We not only provide you with a free consultation but also do not charge you anything until you win your case and get the compensation that you rightly deserve. This means that your consultation and other paperwork will be of no charge, and the firm will be responsible for those expenses.
Call Us Today!
If you want to get started with your free case evaluation, or need answers to questions such as, “what are my rights under the lemon law,” then fill out this online form and schedule a meeting with an experienced professional. You can also call us at (323)51-LEMON (53666), or visit the website. Together, we can easily take a legal stand against the car company to get your money back.