The Lemon Law: 3 Things To Do If A Repair Shop Can’t Fix Multiple Issues With A Car In San Diego
You might be wondering if you have a lemon on your hands if you have been driving your new car for a few months and it seems like every time you take it in for an auto repair, the mechanic can’t seem to figure out what’s wrong with it.
The lemon law is intended to safeguard buyers of vehicles that turn out to be flawed. But there are specific actions you must do in order to benefit from the protections provided by the lemon law. If you believe you may have a lemon, you should take the following three actions:
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Maintain Thorough Records Of All Automotive Repairs
Keep thorough records of all the auto repairs that have been made to your car if you intend to try to pursue a claim under the lemon law. This comprises details such as:
- The time each repair was made
- Fixing what needed to be done
- Regardless of whether the issue was actually resolved
How long does it take for the mechanic to return the car? Having this information can assist you prove your case and make it simpler for your lawyer to decide whether your claim is legitimate.
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Understand Your Lemon Law Rights
You should be aware of your legal rights under your state’s lemon law as each state has its own version of the statute. However, the lemon rule generally mandates that if a consumer’s car has a major flaw that cannot be rectified after a fair number of repair attempts, the manufacturer must give them a refund or new vehicle.
It’s a good idea to speak with a lawyer who specialises in managing matters like this if you believe you may have a lemon. They can assist you in comprehending the law and determining whether or not your claim is legitimate.
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Act Quickly To Pursue Your Claim
It’s crucial that you take action as soon as possible because there are deadlines for filing a lemon law claim. Waiting too long could cause you to miss the deadline and forfeit the chance to receive a refund or a replacement vehicle.
FAQs
Is There A 30-Day Warranty On Used Cars?
Yes, used car buyers are legally protected under the 30-day warranty provided by the Consumer Rights Act of 2015. To be clear, this is not the same as buying an additional warranty.
How Long May A Dealership Keep Your Car While It Is Being Fixed In California?
In California, there are no exact laws that dictate how long a dealership can keep your car for repairs. However, the time period depends on various factors like the nature of the repairs, the availability of parts, and the dealership’s schedule. It’s crucial for the dealership to keep the customer informed about the repair process, and any delays should be communicated promptly. If the repair is related to a warranty or recall, the California Lemon Law indicates that if a vehicle is in the repair shop for over 30 days (cumulatively) for warranty repairs, the consumer may be entitled to a replacement or refund. This doesn’t necessarily mean the dealership has to complete all repairs within this timeframe, but if they don’t, they could potentially be in violation of this law. Additionally, according to the Bureau of Automotive Repair (BAR), if the dealership fails to begin work on your car within 48 hours of the promised time (without a valid reason), you may be entitled to a reduced bill. Nonetheless, for ordinary repairs, it’s best to establish clear communication with the dealership regarding the expected duration of the repair work. This can help manage expectations and avoid misunderstandings. Remember, you have the right to retrieve your vehicle at any time, even if the repairs are not complete, unless the car is unsafe to drive.
Do Auto Dealers Have To Offer A Warranty Of Three Months?
Auto dealers are not universally required to offer a warranty of three months or any specific duration on used cars. The specific regulations vary significantly from one jurisdiction to another. In the United States, for example, federal law requires dealers to display a “Buyers Guide” on used cars under the Federal Trade Commission’s Used Car Rule. This guide must inform potential buyers whether the car is being sold “as is” or with a warranty, what percentage of repair costs the dealer will cover under the warranty, and list the major mechanical and electrical systems, including some of the major problems that consumers should look out for. That said, some states require dealers to provide a limited short-term warranty on used vehicles. For example, New York’s Used Car Lemon Law requires a statutory warranty based on the vehicle’s mileage at the time of sale, with warranties running from 90 days or 4,000 miles to 180 days or 8,000 miles. But this is not a universal requirement and many states allow used vehicles to be sold “as is,” with no warranty. As for new cars, they come with a manufacturer’s warranty which typically lasts for a certain number of years or a certain number of miles, whichever comes first. These warranties are provided by the manufacturers and are included in the purchase price of the car. Overall, it’s crucial for car buyers to understand the specific laws and regulations in their jurisdiction and to carefully read any paperwork before purchasing a vehicle. If a warranty is important to you, consider that when choosing a dealer and negotiating your purchase.
Conclusion
Do not hesitate to contact Scott Law Group P.C. if you believe you may have a lemon on your hands. They can aid with your understanding of your legal options and the actions required to pursue a claim.
If you need a professional lemon lawyer for your case, contact us right away!
(619) 345-5599
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