california lemon law new cars - Resources
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California Lemon Law New Cars - Resources

California Lemon Law New Cars

Definition of California Lemon Law

At Allen Stewart, P.C., we've dedicated ourselves to protecting consumers from predatory practices, including those concerning defective vehicles. The California Lemon Law represents a critical piece of legislation designed to protect consumers who've purchased new cars that fail to meet standards of quality and performance. This law mandates that if a vehicle cannot be repaired to meet the manufacturer's warranty after a reasonable number of attempts, the manufacturer must either replace or refund the vehicle to the consumer.

Coverage of California Lemon Law

This transformative law covers new and used vehicles sold or leased in California that still are under the manufacturer’s original warranty. Types of vehicles include cars, trucks, and SUVs, as well as the chassis, chassis cab, and drivetrain of motorhomes.

Requirements for a Vehicle to Qualify under California Lemon Law

Substantial Impairment:

A vehicle must manifest defects that substantially impair its use, value, or safety to the consumer. Minor issues typically don't meet this criterion.

Reasonable Number of Repair Attempts:

The law specifies that the vehicle must have undergone a reasonable number of repair attempts. This is usually defined as two or more attempts for a serious safety defect or four or more attempts for other substantial defects. Alternatively, if the vehicle is out of service for repairs for more than 30 calendar days, it may qualify.

Remedies Available under California Lemon Law

Consumers whose vehicles qualify as lemons can opt for a replacement vehicle of equal value or a refund. The refund includes the purchase price, taxes, registration fees, and any consequential expenses incurred due to the vehicle's defects, less a deduction for vehicle use.

How to Initiate a Lemon Law Claim in California

Initiating a claim involves notifying the manufacturer of the defect within the warranty period and allowing them the opportunity to repair it. If the issue persists, documentation of all repair attempts and communications with the manufacturer become crucial. Subsequently, seeking legal representation can greatly enhance your chances of a favorable outcome.

Lemon Law Protections for New Cars in California

New cars under the manufacturer's warranty are unequivocally protected by California's Lemon Law. This means that from the moment you drive your new vehicle off the lot, you are covered against defects that the manufacturer cannot fix.

Exceptions to California Lemon Law for New Cars

Certain exceptions apply, such as if the defect has arisen due to unauthorized modifications or misuse by the owner. Additionally, the law does not cover problems that do not significantly impair the vehicle's use, value, or safety.

Steps to Take if Your New Car Qualifies under California Lemon Law

  • Keep detailed records of all repairs and communications with the dealership and manufacturer.
  • Ensure the manufacturer is notified and given opportunities to repair the defect.
  • Consult with a specialized attorney to evaluate your case and guide you through the legal process.

Legal Assistance for California Lemon Law Claims

At Allen Stewart, P.C., we believe that no consumer should have to bear the burden of a defective new car without recourse. Our team of experienced lemon law attorneys is here to ensure that your rights are protected under California law. Thanks to our unique fee structure, our clients are not charged out of pocket, as our fees are recovered as part of the judgment against the manufacturer.

Common Issues Covered by California Lemon Law for New Cars

Issues commonly covered include persistent engine problems, transmission failure, electrical issues, and any defect that impairs the vehicle's safety, use, or value. Understanding that each case is unique, we approach every client with a commitment to securing the justice they deserve.

Experiencing a lemon vehicle can be incredibly frustrating and costly. At Allen Stewart, P.C., we have a history of successfully holding manufacturers accountable and achieving justice for our clients. If you're struggling with a new car that just doesn't seem right, contact us to explore how we can assist you in navigating California's Lemon Law. Your journey towards justice and compensation starts with having the right legal team by your side.

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