Imagine you bought a new vehicle, but instead of it being your reliable ride, you discovered it has persistent issues. These issues aren’t a simple fix, and they affect the car’s use, safety, and value. Does this mean you are stuck with a problematic vehicle? Definitely not.
What it means is you likely own a lemon, making you eligible for a Lemon Law Orange County CA claim. Understanding the Lemon Law is important if you plan to navigate this frustrating situation. Let’s break down what constitutes a lemon and the steps to take should you find yourself in such a position.
What Even is a Lemon?
The term “lemon” refers to any new or used vehicle that fails to meet quality and performance standards. These cars usually remain defective despite multiple repairs attempted by dealerships or manufacturers. To count as a lemon, the defects plaguing a vehicle must occur within the warranty period.
What is the Lemon Law in Orange County, CA?
The Lemon Law is formally known in California as the Song-Beverly Consumer Warranty Act. The design of this law is to protect those who bought or leased new or used vehicles that turn out to be defective. It states that owners of a defective car that the manufacturer can’t repair after reasonable attempts must receive some kind of remedy. The automaker will typically provide a replacement or a reimbursement.
To understand the full protections of this statute, consider hiring a qualified Lemon Lawyer Orange County has in its arsenal of attorneys and get them to review your case to see if you’re owed money from the manufacturer.
Below are some key aspects of the Lemon Law in Orange County:
- Coverage: Did you buy or lease your vehicle in California? If yes, the Lemon Law applies to your car if the manufacturer’s warranty still covers it. It generally applies to cars, trucks, motorcycles, vans, SUVs, RVs, etc.
- Defect Criteria: To qualify under the Lemon Law, your car’s defect must affect its use, value, or safety. You must also have reported this problem to the dealership and the manufacturer. If they attempt repairs and the problem persists, you can file a claim.
- Repair Attempts: The law requires that car owners give the manufacturer or dealer a chance to fix each defect. This means at least one attempt for a severe defect that could cause fatal accidents or up to four attempts for less serious issues. Also, if the car has been out of service for 30 days or more due to repairs, it may qualify as a lemon.
What Defects Qualify My Car For the Lemon Law?
Under the California Lemon Law, defects must meet certain criteria to qualify for a claim. These criteria include:
- Severity: The defect must be notable enough to impair the vehicle’s usability, safety, or value. Minor inconveniences or aesthetic issues do not usually qualify by themselves, but that doesn’t mean you shouldn’t report them.
- Warranty Coverage: The Lemon Law only recognizes defects that occurred under the manufacturer’s warranty.
- Documented Repairs: You must have documented the automaker’s attempt to repair the defect. This will help solidify your claim against the manufacturer.
With that said, below are common issues that may qualify a vehicle as a lemon:
- Engine problems like persistent stalling, overheating, or total failure
- Transmission issues like slipping gears or difficulty shifting
- Signs of faulty braking systems such as unresponsive brakes, stiff pedals, vibrating or uneven braking, or complete failure.
- Electrical malfunctions, including faulty wiring, production of sparks or smoke, battery problems, etc.
- Suspension defects like wheel misalignment or loose bolt lock.
All of the above issues are potential defects that can substantially affect a vehicle’s use, qualifying it for the Lemon Law in California.
What Steps Do I Take If I Have A Lemon?
When you realize you have a lemon, it can be extremely discouraging, but it’s important to remember that hope is not lost. You can follow the steps listed below to exercise your rights under the Lemon Law:
Document Everything
Keep detailed records of all repairs, including the dates each problem showed up and descriptions of the issues. Be sure to include the names of the technicians who worked on your car and any evidence of communication between you and the dealer or manufacturer. All of these will back up your claim when the time is right, and it will prove that you have done your best to resolve the problem.
Notify the Manufacturer
Send a formal letter to the manufacturer about the ongoing problems with your car. Make sure to use certified mail or another method that provides proof of delivery. In this letter, include details about the issue(s) plaguing your car and your preferred remedy. When drafting the letter, it’s best to let a qualified Lemon Law attorney Orange County has on hand to handle it.
Give Them a Chance to Fix the Problem
After informing the manufacturer, you need to give them a final opportunity to repair the defect. This is crucial when establishing that your vehicle is beyond saving.
Consult a Lemon Lawyer and File a Claim
If the problem persists, consult an Orange County Lemon Law Lawyer to determine the next step. Usually they begin by assessing your case, determining the strength of your case, and helping you file a lemon law claim. They can also help you understand your rights and walk you through the entire process.
Negotiate or Litigate
After filing the lawsuit, your attorney will sit with the automaker’s legal team to negotiate a fair settlement for you. It’s important that your lawyer handles the negotiations because they understand the full scope of your rights. As such, they know the best ways to maximize your potential compensation and secure a favorable outcome.
If negotiations don’t yield a satisfactory deal, your attorney will litigate and sue the manufacturer. A judge and jury will then determine the terms of your claim and deliver a fair verdict.
Consumer Remedies: Repurchase or Replacement
If your claim is successful, you have the right to different remedy options. These include:
- Repurchase: Here, the manufacturer offers to buy back the vehicle. This includes a full refund of the purchase price or lease payments minus the mileage offset. Thus, the automakers will pay back the full market price, sales tax, registration fees, interest, loans, and other related costs.
- Replacement: The manufacturer may also replace your defective car with a new one of similar value. However, the replacement vehicle should be free of the defects plaguing the original one.
The choice between these two options depends on the specifics of your case and personal preferences. Some may opt for a buyback to cut ties with the manufacturer, while others may prefer a replacement to obtain a new, functional vehicle.
Exercising Your Rights The Right Way
To maximize your rights under the Lemon Law protection, it’s smart to hire an experienced Lemon Law attorney in Orange County. They will provide expert guidance, negotiate with the automakers, and represent you in legal proceedings. They’ll make sure that you file a claim within the legal timeframe, and they’ll keep you informed every step of the way. All these are benefits you enjoy when you hire the best Lemon Law attorney Orange County, CA can provide, and you’ll probably find them at Quill & Arrow.
Do you know the best part? Our attorneys will never charge you for advocating for your rights. We take your case on full contingency, requesting payment from the automakers only after winning your claim. Reach out to us today for a free consultation.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions