Lemon Law claims are becoming increasingly more common, especially in large cities like Los Angeles where millions of people live and buy vehicles. As the number of auto sales soar, so do Lemon Law cases because volume doesn’t necessarily reflect quality.
The Lemon Law is a law that is active in California that protects a consumer when purchasing a new or used car or truck that is under warranty. When the vehicle has a defect that can’t be repaired within a given amount of time, it’s considered to be a lemon. The Lemon Law requires the manufacturer to make good on the vehicle (a buy back)– to refund the full purchase price of the car or to replace it with another identical vehicle that is, unlike the original, in working order.
You might think that the Lemon Law is cut and dry and that there’s no gray areas since it’s a law. That’s not the case, unfortunately. The Lemon Law can get very complicated. If you have been stuck with a lemon, your best bet is to contact one of the best lemon law attorneys in Los Angeles so you can exercise your rights under the law. Sure, you can go through the process yourself without representation, but it’s not advised.
Manufacturers have access to the most aggressive attorneys and the last thing they want to do is to take responsibility for paying you the compensation you are rightfully due. You are much better off with an attorney who is seasoned in Lemon Law in Los Angeles who will go to bat for you and get you every penny you deserve.
California Lemon Law Claims
Even if you are going to hire a Los Angeles lemon law lawyer to fight for you, the more you know about the law and its procedures, the better.
The goal is to have a comprehensive buy back unless you are set on getting another vehicle. It’s usually best to be compensated and then worry about buying another car lest you act too hastily.
- Qualification Under California Law
All fifty states have a version of a Lemon Law but each state governs its own specifics. Under California law, you must have purchased the new or used vehicle with an express warranty that is active. To qualify, the vehicle must still be under warranty when the issue is first discovered. Once you take it in to be repaired, if the problem can’t be fixed or isn’t fixed after a reasonable number of attempts, the vehicle is considered a lemon.
At this point, you can enter into arbitration with the manufacturer. You can expect to be eaten alive in most instances. Your satisfaction is not the main mission for the powers that be. They want to settle up for as little as possible.
If you do go to arbitration and accept the deal you’re being offered, you are not bound to it. The manufacturer is, however. Don’t expect to be told that by them though. They are not on your side.
If you don’t go to arbitration or don’t accept the deal, you can take the matter to court. You can represent yourself but beware if you do. The legal team of a big and powerful manufacturer is out for blood – your blood.
In the event that you hire a Los Angeles lemon law lawyer, your lawyer will go after your full compensation. An excellent Lemon Lawyer will also fight for other financial recovery such as the insurance you paid, all money you are out on mechanical issues, registration and inspections, funds you paid cabs while your car was undrivable, etc. And, a great Lemon Law Attorney Los Angeles CA will also fight to have your legal fees covered in the settlement.
- Stipulations Within the Lemon Law
The law also goes into detail about the qualifications under which the Lemon Law Applies and various other factors. The manufacturer must have been given a reasonable number of attempts to repair the problem. There are more attempts allowed when the problem is minor. Major defects that are considered dangerous and/or life threatening are only allowed a few tries.
Another stipulation is that when you take your vehicle to be repaired, it must be through an authorized dealer.
It must be established that the consumer didn’t cause the problem due to unreasonable or unauthorized use. If you’ve been hot-rodding or have taken your car mudding, you may be stuck with the car and its issues.
Avoiding Lemon Law Rip-Offs
There are four main Lemon Law rip-off scams. Knowing about them can help you avoid being a victim of one. Legal teams of manufacturers are very versed in the Lemon Law and are very sneaky too. To skirt around taking responsibility for a bad vehicle, they have to be resourceful and rarely in a good, upstanding way.
Some common tactics used by automaker lawyers include:
- Just say NO!
When it comes to signing your rights away, don’t do it. One of the top ways manufacturers get out of paying you for a lemon is having you sign your Lemon Law rights away. If that does happen, you can still consult with a Lemon Law Attorney Los Angeles to see what can be done.
- Warranty extension is a no-no.
Another popular tactic is to offer the consumer an extended warranty that is really a waiver for the Lemon Law. Anything you sign should be gone over with a fine tooth comb and never take random warranties that may negate the warranty you should be getting that will qualify you for the Lemon Law.
- Never accept arbitration.
Although it is your right to enter into negotiations with the carmaker, it’s you against them and it’s doubtful you’ll come out ahead. It’s best to get an attorney who is on your side.
If you are looking for the best, most experienced Lemon Law Attorney Los Angeles, turn to the experts at Point Law Group. Call today to set up a no-cost, no-obligation consultation at (310) 560-0606.