California Lemon Law: Refund Details

A person who qualifies as an aggrieved party under the California lemon law is entitled to a reimbursement by the manufacturer or dealer. He is entitled to get a replacement vehicle of the same make and quality. There are many fine details to be considered if the plaintiff desires a verdict that is favorable.




California Lemon Law: Refund Details

A person who qualifies as an aggrieved party under the California lemon law is entitled to a reimbursement by the manufacturer or dealer. He is entitled to get a replacement vehicle of the same make and quality. There are many fine details to be considered if the plaintiff desires a verdict that is favorable.

The first step in recovering the losses is arbitration. After 1986, vehicle and consumer good manufacturers are bound by law to assign a company called "the better business bureau" or BBB auto line arbitration, for judging the validity and the outcome of a claim. The BBB assigns an arbitrator who listens to the claims of the aggrieved party and judges the outcome of a case. The arbitrator also listens to the manufacturer's side of the story and decides whether the owner or aggrieved party is really entitled to the claim. If the arbitrator makes a decision in favor of the owner, then the owner immediately becomes entitled to a refund.

The next step is the courtroom trial and the outcome usually favors the plaintiff because the chances of receiving a refund are very good if the damage is irreparable. The compensation awarded to the owner is usually equal to the original cost of the vehicle. However, in many cases the judge has also awarded punitive damages to the owner, amounting to twice the financial loss caused by the damages. The other types of refund that a plaintiff may receive include the fees of the attorney and a refund for the out-of-pocket expenses that were incurred by the plaintiff, for repairing the vehicle.

Results of the cases generally favor the plaintiff and can not have doubts at the time came to fight a case in court, if you really stick to and damage can be repaired.

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Purchasing a Car in California As it Relates to Lemon Law

There are many excitements that come with purchasing a new or used (new to you) car. Test drives, negotiating prices, deciding on features and colors are very exhilarating tasks leading up to the purchase. After leaving the dealership with your car, all the excitement fades upon realizing that you have purchased a lemon.




Purchasing a Car in California As it Relates to Lemon Law

There are many excitements that come with purchasing a new or used (new to you) car. Test drives, negotiating prices, deciding on features and colors are very exhilarating tasks leading up to the purchase. After leaving recognize the distribution agreement with the car, all the excitement fades after that you have purchased a lemon,. A lemon is a car that is found to have multiple or severe damages not apparent before the purchase was finalized. These damages must severely impair the use, value, or safety of the car for it to be considered a car with material defects.

For new cars, these can simply be errors made during the manufacturing of the car, such as parts being installed improperly. For used cars, this normally refers to the insufficient measures taken to repair damages to a car after an accident. There are many other reasons for a used car to be a lemon though. If it was ever in a flood there can be plenty of damage internally. Many used car lemons have been stolen, rebuilt and resold. Even car reports cannot find all of the potential problems with used cars as they only have access to information reported publicly.

Fortunately, in California you have some protection, as California lemon laws cover anything mechanical. The California lemon law states that the manufacturer must make a reasonable number of repair attempts. If the consumer presents the problems to the manufacturer and it is returned without being fixed properly after the "reasonable number" of repair attempts, the consumer can then take action.

Under California Lemon Law, you may be eligible for a full refund, payoff of your loan balance, or a replacement vehicle. If you have some sort of a manufacturer's warranty, such as a "certified" or extended warranty, you are likely to be eligible for many advantages of the California Lemon Law.

The first step is to make sure your car is a lemon and get adequate evidence in the form of attempted repairs. Secondly, find a good California lemon lawyer to represent you and you will be on the road to adequate compensation.

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The California Lemon Law Exists, But What Do You Do With It?

The California Lemon Law, better known in legal circles as the Song-Beverly Consumer Warranty Act, was put into place to aid the vehicle consumers all over California. It includes coverage for automobiles, recreational vehicles, trucks and any vehicle that is under warranty and used for personal use, not business.




The California Lemon Law Exists, But What Do You Do With It?

The California Lemon Law, better known in legal circles as the Song-Beverly Consumer Warranty Act, was put into place to aid the vehicle consumers all over California. It includes coverage for automobiles, recreational vehicles, trucks and any vehicle that is under warranty and used for personal use, not business.

Generally speaking, what does this Lemon Law in California say?

This Lemon Law very briefly says that if any personal vehicle that is purchased and still under warranty is unsafe, defective or is malfunctioning and the problem persists, then the consumer is allowed to get his money refunded or the vehicle replaced with one of the same value.

So what should you do if you feel you have a vehicle covered under the California Lemon Law?

First of all, you should contact the dealer and manufacturer, immediately, if you are having a problem with your vehicle. The dealer must make several attempts to repair the lemon vehicle in question. If your vehicle for at least 30 days in the repair shop was (consistently) not necessary if the vehicle according to law, is classified as a lemon.

Is that the only way I can qualify?

No; your vehicle is also considered a lemon if your vehicle was brought to the dealer more than once to correct a defect that could cause injury or even death if the vehicle is left in the condition it's in. This will also qualify the vehicle under the California Lemon Law.

Is there any period of time that my vehicle will no longer be qualified?

If the car that might be a lemon is still under warranty, then you can qualify for this California law. This basically means that even if the vehicle is several years old and came with an extended warranty, then it can still qualify. The amount of time will not suspend this law.

Also, this law allows up to a period of four years after the problem was discovered to actually put in a claim against the dealer/manufacturer.

Do you need an attorney to deal with this situation?

No, but I would highly suggest it. The California Lemon Law gets very complicated and you want to hire an attorney that has a history of successful lemon law cases to work with you. There are also some attorneys that will work with you without any out of pocket expenses. Remember, this law in California not only serves those that have lemons which are new vehicles, but also those that are used but still under warranty.

Finally, make sure you have all documentation and original paperwork etc., because your attorney will need them. This law is there to aid consumers when they have to go up against the large auto manufacturers.

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California Lemon Law: Affirmative Defenses

An affirmative defense is defined as a fact or a set of facts that defeat a claim, even if the facts supporting the claim are true. When a plaintiff files a complaint in a civil or criminal court order to get relief from the court, the defendant can make the claim void by asserting and proving that there are other factors affecting the claim. These could be negligence or the expiry of statute of limitations. In the affirmative defense clause that comes under the Californian lemon law, a defendant can avail of the same if certain conditions are satisfied or proven.




California Lemon Law: Affirmative Defenses

An affirmative defense is defined as a fact or a set of facts that defeat a claim, even if the facts supporting the claim are true. Where a plaintiff filed a complaint in civil or criminal court order to obtain relief from the court, the defendant may request invalid assertion and to prove that there are other factors affecting demand. These could be negligence or the expiry of statute of limitations. In the affirmative defense clause that comes under the Californian lemon law, a defendant can avail of the same if certain conditions are satisfied or proven.

Flaws caused by illegal or unreasonable use of a motor vehicle, following sale or lease are the main reasons behind this kind of defense strategy. This means that if the person availing of this law has abused or misused the vehicle in any way, then the vehicle is not considered to be a lemon and thus cannot come under the relief provided by the law.

Affirmative defenses, in general, are made to protect the defendant from fraudulent claims. Fraudulent claims include damages due to the negligence, misuse or unreasonable use by the person seeking relief.

This may include damage caused due to driving under the influence of alcohol or drugs. Damage caused due to accidents, that are a result of illegal driving, is also considered as negligent driving. "Unreasonable use" is defined as using the vehicle without following the proper guidelines and terms and conditions. These include speed limits, proper maintenance and other mandatory guidelines that are crucial to the efficient working of the vehicle.

An affirmative defense usually acts against the plaintiff. It is important to prove that the damage caused was not due to the negligence of the owner, in order to make the defense void.

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Buy a Used Car in California - Know Your Lemon Law

If you are buying a used car in California you may be worried about your legal rights if anything goes wrong. As long as your used car was sold to you with a express, written warranty you are covered by the California Lemon Law. This is basically the seller or manufacturer's written promise to repair or replace defective parts for a stated period of time.




Buy a Used Car in California - Know Your Lemon Law

If you are buying a used car in California you may be worried about your legal rights if anything goes wrong. As long as your used car was sold to you with a express, written warranty you are covered by the California Lemon Law. This is basically the seller or manufacturer's written promise to repair or replace defective parts for a stated period of time.

In theory if you buy a used car in California you are legally entitled to have the defects repaired or a replacement given as long as you have the aforesaid warranty. However you could still be charged for use prior to the defect arising. This charge is not easy to calculate as there is no set formula as there is with new vehicles.

Take a look at this list to help you avoid buying a lemon and unfortunately, if you buy a defective used car, give you the best chance of recovering the situation.

• Run a history check to make sure you are not being sold a dud in disguise!
• DO NOT buy a vehicle without a warranty unless you really know what you are doing.
• Check the warranty that is being offered with your used car carefully as warranties are not standard.
• Get the vehicle checked by an independent, certified mechanic so that you have documental evidence for the future.
• Test drive the vehicle to ascertain if there is anything that you are not comfortable with and bring any issues to the dealer's attention.
• DO NOT BUY  if you have any doubts regarding the vehicle or the way in which the dealer is presenting the car.

In the event of a disagreement always seek legal advice.

No one wants to buy a lemon yet the majority of us have done at some stage, be it a car or something else. Buying a used car can be a minefield. To avoid any trouble and to get the best car for the best price you need to research thoroughly and be prepared to negotiate. If you want to strengthen your negotiating position you need to know what the used car dealer is up to. Get your used car buyer guide and beat the dealer at his own game. It could save you thousands of dollars and untold stress and aggravation.

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California Lemon Law

The lemon law is different in each state. If you live in California, here is what you should know.




The California Lemon Law

A customer has rights when he or she purchases a vehicle. The Song-Beverly Consumer warranty act which is the lemon law of California was enacted to give this protection to the buyer.

The lemon law of California applies to vehicles which auto dealerships have failed to repair within a warranty period despite being given a reasonable number of times to do so.

There is no specific number of visits to make such a claim but typically 4 visits will suffice. The law is also on your side if the vehicle has been in the shop for a total of more than 30 days for warranty repairs. But you have to know that everything is assessed on a case by case basis.

If your vehicle meets these conditions, the manufacturer must give your money back and pay off any outstanding loan balance or replace the vehicle with a similar model. The law also requires the manufacturer to pay the customer's hourly attorney's fees on a meritorious claim which is very convenient especially for those who cannot afford one.

You can even file for a claim if the problems of your vehicle did not occur within the unit's first 18 months or 18,000 miles of use.

The California lemon law also applies to used and leased vehicles including boats, motorcycles and recreational vehicles which should be primarily for family, personal or household use. This is also applicable for business purposes as long as the gross weight is not over 10,000 pounds and not more than 5 vehicles are registered in this state.

As the customer, you are not required to first arbitrate your case. However, if the manufacturer maintains a state certified arbitration program, you have to submit the warranty dispute to them first before you can go to court. Information about arbitration must be described in the warranty or the owner's manual but in most cases, this will just tell you to bring your vehicle back to the manufacturer for repairs.

If you are still not satisfied with the way you were treated by the manufacturer, then it is time to go to court. The first step is to hire a lawyer and then fill up a questionnaire or interactive complaint form from the Californian Vehicle Warranty Rights Act Department.

You should write her the make and model of the vehicle, the year of manufacture, current mileage, name, address and contact details of the dealer, date of purchase together with the copy of the document, details of the warranty, the list of problems encountered, number of attempts to fix the vehicle and the number of days it was inside the shop.

Once this form is submitted and approved, you will be given another form that outlines the eligibility parameters. Your attorney should be able to process the paperwork like filing a claim under the California lemon law by drafting a letter to the manufacturer.

The letter will let the manufacturer know you are initiating what is known as a breach of express or implied warranty. A copy of the document should be submitted to the Department of Consumer Affairs and the Office of the Attorney General.

The California lemon law should help you get a refund or maybe a new car. This can only happen with the proper documentation and an experienced attorney who will be able to make the courts decide in your favor.

california lemon law

California Lemon Law - Does Your Car Qualify? What Are Some Misconceptions?

You think you have a vehicle that is a lemon and probably qualifies under the California Lemon Law. Before you put action to your feeling, continue reading to help you determine if your vehicle qualifies under this law.




California Lemon Law - Does Your Car Qualify? What Are Some Misconceptions?

You think you have a vehicle that is a lemon and probably qualifies under the California Lemon Law. Before you put action to your feeling, continue reading to help you determine if your vehicle qualifies under this law.

Basically, the law provides for the consumer the entitlement to either get a replacement vehicle or refund from the manufacturer of the lemon. In such qualifications include the vehicle in which a defective repair shop at least 30 days (not necessarily consecutive) and several efforts have been made to repair the defects, but to no avail, you are still dealing with this issue.

Originally, there had to be four repair attempts within 18 months, but now that is not the case anymore with the California Lemon Law. You may actually qualify with less repair attempts as well as qualifying if it's over 18 months. Every situation is different and it is reviewed on a case by case basis.

One misconception is that this law only qualifies new vehicle; not used ones, which is understood by most people, but is incorrect. As long as your vehicle is still under warranty, then you are okay. For example, if you bought a new car and it had 20,000 miles on it, it could still qualify if it had a warranty for 36 months or 36,000 miles. Because of people not realizing this, many tolerate lemon vehicles when they don't have to under this California Lemon Law.

Finally, with regard to misconceptions, most people do not realize what it means when the law qualifies you by asking you what kind of repair attempts were made. What the law means is that if there has been a reasonable number of repair attempts made on the vehicle and it is still defective, then it can probably qualify.

Generally speaking, the only way you will know if your car qualifies is to consult an attorney and preferably one that specializes in this lemon law in California. Some lawyers who deal specifically with this law will do a free evaluation to determine if, in fact, you do qualify under this specific law. Also, some attorneys will take on your Lemon Law case without any money out of your pocket.

The California Lemon Law is a vehicle consumer's best friend. To ascertain if you legally qualify, contact a specialist and get evaluated. Don't let any vehicle manufacturer get away with selling you a lemon. You deserve better.

Think your driving a lemon? - Free California Lemon Law Case Evaluation - Get yours now!

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