Exciting Times Buying a New or Nearly New Car in California
Purchasing a new or nearly new car is an exciting event. Not so exciting is finding out that soon after you buy your car, it becomes defective. If this scenario happens to you, you may wonder if you can do anything legally. Every state has lemon laws to help consumers. The lemon law has primary content in many states. However, all states may vary somewhat in how lemon laws protect you, the consumer.
Our focus is on the state of California and how the laws of this state protect you, a resident of California, and if you buy a used car, that turns out to be a lemon. The first inclination you have a lemon is when your car starts to make funny noises as you drive it off the dealership lot or soon after you get it home.
A car that proves to be a lemon can cause undue stress and significant headaches. Lemon cars can put pressure on your budget if you do not know the lemon laws in California. You need to seek a legal answer to your dilemma. A lemon car does not have to present problems as soon as you drive it off a lot. A defective vehicle can start showing mechanical or electrical problems months after purchasing the car. The red flag for a lemon vehicle is that the problem or problems are persistent, you make several trips to see your mechanic, and the mechanic nor the dealership mechanic can remedy the defect.
The defect can be any number of issues, from your navigation system to the radio, transmission, or any other problem. You need to take steps before calling your car a lemon, and they are as follows.
- You must also know that there is no requirement under California Lemon Law that your defective vehicle endangers your life.
- The unusual noise your car presents can impact its value and could in itself be the basis for a claim.
- You make a reasonable number of trips, usually three or four, to your mechanic, and they can never fix the problem.
- Your car is not safe on the road.
- Your car must have nonconformities defining the defect covered by the original warranty. These nonconformities determine the car’s safety, use, and value.
You must,
- Keep all receipts on all work orders and the cost of parts charged to do the repairs.
- You must know that there is a statute of limitations under California Lemon Law of four years from the date you found the vehicle defective. The quicker you file a complaint after taking all the necessary steps, the better your chances of winning your case are.
- Know that while California Lemon Law covers both new and specific used cars, not all used vehicles qualify for compensation. For this reason, you need your seasoned lemon law attorney by your side.
California has a lemon law known as the Song-Beverly Consumer Warranty Act. This law says that if you are a resident of California and purchase a car in that state that shows consistent mechanical or electrical defects, you are entitled to the following rights.
- You have the right to have the manufacturer repurchase your vehicle.
- You have the right to have the manufacturer replace your car.
- You have the right to negotiate a cash settlement with the manufacturer.
You should never navigate the judicial system without a Lemon Law Attorney by your side. Lemon laws can be complex and complicated, and it takes the skill of a seasoned Lemon Law attorney to work through these laws. You must know that the manufacturer and dealership have their team of attorneys fighting for them to make sure you do not win. However, this seasoned California Lemon Law Attorney has a long record of successfully winning cases for many consumers who got stuck with a lemon car.
You never know if you have a winning case or not until you speak directly with your California Lemon Law Lawyers. We want to hear your story and we will let you know if we think you have a winning case. If we feel you can win your case, we start immediately. Know that every case is different. Every outcome is different, and there are many settlement amounts. Settlement amounts depend upon if you have an attorney or you are fighting the system yourself.
We never recommend that you proceed without an attorney because a seasoned attorney can get you the highest possible settlement. Your Lemon Law attorney is skilled in negotiations with car manufacturers, and it is this attorney who knows how far they can push negotiations to get you the highest possible compensation.
Are Used Cars Protected Under California’s Lemon Law?
Purchasing a used car as is with no original warranty does not protect you if your car turns out to be a lemon. Used cars find protection in several different ways. We already know that consumers who buy new cars that turn out to be a lemon are protected under California’s Lemon Law.
If you purchase or lease a used, pre-owned car under the original manufacturer’s warranty, California’s new car lemon law protects your rights when buying a defective, used car. This law covers cars purchased with a certain number of logged miles. Coverage is for vehicles sold only once and protected under the original warranty.
You may feel that the warranty is not fair. You have the right to challenge the warranty if you paid more than $25.00 and received a written warranty. Your attorney can bring a case against the seller to recover your costs and attorney fees during the suit. This law refers to the Magnuson-Moss Warranty Act and comes under a federal law protecting you, the consumer. It takes your attorney’s expertise to decide if you should proceed with your case.
Sometimes the manufacturer discovers a recall needed on specific vehicle models. In these cases, the manufacturer sends out notices to vehicle owners to take their vehicle in for a free repair as soon as possible. If this happens, you do not have to pay for the repair. However, you cannot sue the manufacturer if you neglect to answer the recall notice and the vehicle becomes defective related to this recall.
Depending on the notice, the manufacturer may have the dealership do the repairs at no charge to you. However, sometimes dealerships refuse or neglect to abide by the manufacturer’s notice, so the vehicle owner does not know that there is a recall for a defect until the defect begins to present itself. Some states require the manufacturer to advise the consumer to take their vehicle to their dealership for repairs at no cost to them.
Before you buy a used, preowned, or leased vehicle, be sure to obtain the vehicle’s history. You can find out if the used car you want to buy has been repaired or recalled for a safety issue. It is wise to check with the following about the car you want to buy.
- National Motor Vehicle Title Information System
- The National Highway Traffic Safety Administration
- The Center for Auto Safety
When you take your car for constant repairs, make sure that the mechanic’s shop is registered. Check with the California Bureau of Automotive Repair. While there is an extensive list of California Lemon Law Attorneys, not all are created equal. If you find yourself in a situation where you perhaps purchased a lemon car, give this used car lemon law attorney a call as soon as possible. You want your attorney to answer your following needs.
- You want a seasoned attorney who unquestionably knows the California Lemon Laws.
- You want to contact an attorney who has earned the trust of their community.
- You want your attorney to act aggressively and not be afraid to fight large car manufacturers.
- You want an attorney with a winning track record of winning lemon law cases.
- You want an attorney who stands by you and protects your consumer rights.
- Know that your first call and consultation with us is free. Give us a call today to hear your story and get to work for your consumer rights.
