California Lemon Law Explained
The California Lemon Law was created by the California Legislature to provide relief for consumers who purchased or leased a vehicle within the state of California. The specific lemon law provision falls under a more general section of California’s laws called the Song-Beverly Consumer Warranty Act.
Song-Beverly provides more general relief to consumers of all products purchased within the state with an express written warranty. Under California law, consumers are entitled to either monetary compensation or a replacement for their defective vehicle when a manufacturer, or its agent, is unable to fix a material defect after a reasonable number of repair attempts. A consumer must have purchased or leased the vehicle with an express written warranty provided by the manufacturer or they will have no basis for a lemon law claim. If you find yourself in this situation, call the best lemon law lawyer in San Diego to explore the option of starting a case.
Filing a Lemon Law Claim Explained
Filing a lemon law claim is essentially asking a judge or an arbitrator to make a manufacturer honor the express written warranty they provided to the consumer at the time the vehicle was leased or purchased. As with most areas of the law, the lemon law should be considered as a guide, not an absolute rule. There are many gray areas within this section of the law that both the consumer and the manufacturer may argue during litigation. For example, a consumer may argue that the vehicle has a material defect that is covered under the express written warranty and while the manufacturer agrees that the defect is covered under the warranty, they may argue that the defect is not a material defect. Another arguable area of the law is whether a manufacturer has had a reasonable number of attempts to repair the material defect. In this seemingly blurred area of the law, a judge or an arbitrator will have the final say as to whether a manufacturer, or its agent, has had an adequate opportunity to repair a material defect in the vehicle.
To aid in clarifying the section of the lemon law pertaining to repair attempts, the California legislature created the lemon law presumption, which provides specific conditions that must be met to qualify under the law. This section of the law can be confusing to consumers because it contains details such as a definite number of repair attempts that must be performed. Consumers should remember that a successful legal claim does not always meet the conditions required under the presumption; however, when all the conditions under the presumption are met, the consumer’s vehicle is presumed to qualify under the lemon law. At the same time, it is possible to meet all of the criteria required under the presumption and have an unsuccessful legal claim. Because the California Lemon Law has many areas that can be argued for the benefit of the consumer or the manufacturer, consumers should seek the aid of a competent and experienced attorney to aid in a successful resolution of their case. Here at Scott Law Group, we are definitely competent and experienced to assist you in starting and guiding you through a case. We will fight arduously for you every step of the way.
Scott Law Group P.C. May be Able to Help
At our top rated firm, we have over a decade of prior law experience defending Fortune 500 companies in these types of complex cases. Every case is unique and we fight arduously to find a solution to every case and have the courts decide in our clients’ favor. We use our extensive professional experience to find the best positive outcome possible for our valued clients. Some lemon law firms will hand over the case to another law firm if the manufacturer wants to go to trial. But Christian is aggressive and willing to litigate in order to get a favorable result for his valued clients. Whether you bought or leased a new or used motor vehicle such as a car, truck, motorcycle, SUV or RVs/motor home, let us give you our expert advise. You may have numerous frequently asked questions prior to deciding to pursue a case. Rather than have you try to figure it out for yourself, let us advise you and let’s talk it through. We’ll address any concern and answer any question you may have prior to making any decisions on pursuing a case. We provide statewide service in California.
Rather than try to take on the vehicle manufacturer yourself, call the best lemon law lawyer in San Diego and let Christian Scott, the best attorney in your area give you the professional advice you need regarding a possible case. We provide statewide service and we offer the best customer service around. Do not hesitate any longer, call now for a FREE case review. All calls are returned within 24 hours. Or if you prefer, complete the FREE Case Review Form. Remember, you have nothing to lose, it’s FREE!
Litigation Lemon Law Group
SCOTT LAW GROUP P.C. represents plaintiffs detailed in the areas served section and across California who have purchased a lemon vehicle, have been seriously injured in an accident or have been a victim of dealer fraud. Examples of dealer fraud include undisclosed repairs or accident damage, undisclosed rental use and changing the terms after the purchase has been negotiated and the car is taken home. If you received a Notice of Intent after your vehicle was repossessed or if you purchased a prior lemon vehicle, we want to hear from you. We have also provided a lemon law news section where you can reference information regarding this issue. We have over a decade of prior experience defending Fortune 500 companies in these types of cases. We know what corporate America thinks, does and hides and we use that experience to sue auto manufacturers, dealerships, businesses and individuals on behalf of our valued clients to recover damages and rightly compensate them for their losses. We provide excellent legal representation in both English and Spanish (Español). We can evaluate your case via our online Free Case Review form. We are serious. We achieve amazing results for our valued clients. This is who we are. This is what we do and we do it well.
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I had a new SUV which I had initially decided to lease. After a little bit over 5000 miles, I detected a couple of problems with the transmission. I took it in to the dealer and it was repaired under the warranty. After another 2000 miles or so, the same issue with the transmission was detected again. I was disappointment because I could not believe that a car with less than 10K miles already had transmission problems. I contacted the dealer and they said they could not do anything in regards to returning the lease down payment and ending the lease. Therefore I decided to search for a lemon law lawyer and I was lucky to find Scott Law Group. No time was lost and the case was started right away. I submitted all the paperwork requested. After a few months, the case was decided in my favor. I was able to get a refund for the lease down payment, registration fee and taxes. I strongly recommend this legal team for anyone who has a problem with a lemon law vehicle.