Thursday, August 22, 2013

Lemon Law Lawyer California Guide

Lemon Law Lawyer California Guide

By Tara Daniels


A good Lemon Law Lawyer California consumers hire will be able to force manufacturers to replace or refund the purchase or lease cost of a vehicle that has a serious flaw that cannot be fixed. The Golden State has one of the strictest protections in place for safeguarding consumers from lemons. The information provided below will help consumers decide if their vehicle falls into this category, and what sort of measures need to be taken to prepare for what could be a disputed claim.

Vehicles which don't measure up are often loosely labeled as lemons. Technically speaking, it only applies to vehicles with problems that seriously impair its usage and reduce its safety and value while the manufacturer's warranty is still in force. It doesn't matter if it is bought new or used, as long as it is still covered by the warranty. The problem must be discovered within 18 months or prior to logging 18,000 miles.

The law, as it stands, prevents vehicle makers and their dealers from taking people for a ride, so to speak. The customer still needs to give the manufacturer four chances to fix it. If it's a safety issue such as a brake malfunction, then it has to be fixed in no more than two separate attempts. The vehicle cannot be in the shop for more than 30 cumulative days including multiple visits to the shop for fixing different problems.

Once the limits mentioned above are exceeded, the vehicle will be considered a lemon that requires a replacement or refund as per the law. In case a refund is being provided, there will be a certain amount deducted based on the mileage. For instance, if it has seen 6,000 miles after being purchased, then five percent of the purchase price will be deducted out of the refund.

If a vehicle has a seemingly recurring problem, customers must follow certain steps to make sure they can claim protection afterwards under the lemon law. One thing that is very important is to get a signed invoice or repair order for each visit. This applies even to each of the multiple visits required for fixing just one problem.

Dealers often take a look at the vehicle and tell customers to come back after a few days because a part needs to be ordered. This makes it two separate visits, so get invoices for both. Maintain the records and keep them safe and handy in case it comes down to a disputed claim.

If the dealer and manufacturer try to dispute the claim, consult a lawyer before taking any more action. The common defense cited by defendants in these cases is that the customer abused the vehicle, leading to a problem that cannot be fixed. Under such circumstances, both parties must either agree to arbitration or take the matter to court.

This would be a good time to get hold of the top Lemon Law Lawyer California has in its listings of licensed practitioners of the law. Attorneys experienced in handling such cases know very well how to claim the maximum compensation under different statutes. California's Lemon Law favors consumers, so the onus in legal cases tends to be on the settlement amount.




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