Bakersfield Lemon Law Attorney
Talk to our Bakersfield lemon law attorneys for more information on receiving a favorable settlement or a judgment against major auto manufacturers in court.
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Lemon Law Attorneys in Bakersfield
What is California’s lemon law?
California Lemon Law was established under the Song-Beverly Consumer Warranty Act. Under this act, those who have purchased defective vehicles have the right to a refund or a replacement. The refund or replacement depends on the circumstances of the vehicle damage, and the vehicle’s use.
Which parties are eligible to file a California lemon law claim?
Both individuals and small businesses have a right to file a claim to recover compensation under a California lemon law claim. Our top-rated Bakersfield lemon law attorneys make sure that all our client’s consumer rights are protected, and proper lemon laws are enforced against manufacturers with defective vehicles.
What is considered a lemon car?
A lemon car is essentially a significant defect with the vehicle that impairs the vehicle’s use, safety, or value. In order for a vehicle to be considered a lemon car, there should be several attempts to repair the vehicle. Throughout these several attempts, the manufacturer must not be able to repair the vehicle. In that case, the manufacturer must then buy the vehicle back, through a full refund or through a replacement with another vehicle that is identical in the make and model of the lemon car.
How is a lemon settlement calculated?
In order to determine if a claimant could recover a refund or a replacement, this is calculated by the reduction of the vehicle’s use. This is done by deducting from the vehicle’s value the odometer reading by 120,000, and then by multiplying that number with the purchase price. This may seem a bit complicated at first, which is why we recommend that you contact our attorneys for more information.
Why should you trust our Bakersfield lemon law attorneys?
- Our top-rated Bakersfield lemon law attorneys have decades of experience making sure that vehicle manufacturers are held responsible in the event that a client or customer has purchased a lemon vehicle. Dealing with a lemon car could be very frustrating, especially if you have taken the vehicle for repairs multiple times with no resolution.
- Our top-rated Bakersfield lawyers will gather all the evidence to build your lemon law clean. In order to file a lemon law claim, you must need substantial evidence, this includes invoices, receipts, and photographs of the vehicle defect.
What is the Song-Beverly Consumer Warranty Act?
The Song-Beverly Consumer Warranty Act is a federal law that was enacted by the federal government and protects residents in all states in America. Lemon law is also described in detail at the state level under California Civil Code section 17922-1795.8. It takes a highly qualified California lemon law attorney to make sure you get the quality legal care you need, and you recover compensation.
What kind of vehicle is eligible under California lemon law?
California lemon laws only protect a certain type of vehicle. In order to be eligible to file a lemon law claim, you must have a vehicle that falls under all conditions and requirements of California lemon law. For example, some vehicles that are eligible include:
- Vehicles that have a manufacturer’s warranty. A manufacturer’s warranty could be for both new or used cars. Manufacturer’s warranties are only from the vehicle manufacturer, and cannot be from another private company. Also, manufacturer warranties are not passed down from one owner to another. To see if your vehicle falls under a manufacturer warranty, we recommend that you speak to our Bakersfield lemon lawyers to see what type of manufacturer’s warranty you may have.
- The vehicle must be a car, then, truck, or SUV. If the vehicle weighs more than 10,000 pounds, it does not qualify under California lemon law. These vehicles also could include motorcycles and boats, but not all lemon law compensation requirements are met when filing a lemon law claim for a motorcycle or boat since they are considered a type of “consumer good.”
- You must purchase the vehicle in the state of California. If you lease the vehicle, the lease must also have been signed in the state of California.
- The vehicle could also be a business vehicle. A common misconception is that business vehicles are not eligible under California lemon law. But, vehicles that are registered to an entity that has less than five cars are eligible under California lemon law, it doesn’t matter if the vehicle was used for a business purpose or for a personal purpose.
What defects fall under California lemon law?
There are specific defects that fall under California lemon law. These defects must be covered and stated under the manufacturer’s warranty that comes with the vehicle. Usually, a manufacturer’s warranty is discussed at the time of the vehicle signing.
- The defect must impair the vehicle substantially. The defect must impair the vehicle’s use, value, or safety. This is used very vaguely, and it is up to the parties to specify exactly how the vehicle affected the use, value, or safety. For example, if the defect was only an aesthetic one, it may not qualify under California lemon law.
- The defect must be unresolved after several attempts to fix it. There should be several attempts in order for the vehicle to qualify as a lemon. There are several circumstances when a vehicle is not considered a lemon when it was immediately fixed after taking it to the vehicle manufacturer. Also, if a customer has taken the vehicle in for multiple repairs, but those repairs were made to other parts of the vehicle, it may not qualify as a lemon and meet this requirement.
How can I strengthen my California lemon law claim?
There are specific steps that our Bakersfield attorneys recommend you take to make sure that your lemon law claim is strong. For example, below are some recommendations:
- Every time that your vehicle has given you a problem, make sure you take photos of the problem and document it. For example, if you have received a repair order invoice, make sure that the invoice specifies exactly what the problem was, and what the repairs addressed.
- Make sure that all repairs done to your vehicle are documented properly. Sometimes, when your vehicle is taken in for service, the employees may not provide you with any paperwork. Make sure that you have all the documentation.
- In the event that your vehicle was not serviced or repaired because the employees said it was not possible, make sure you have documentation of that, along with documentation of the reason why the vehicle was not able to be fixed.
- Take your vehicle in for service at the dealership. Oftentimes, when the dealership has all the paperwork, it could be easy to gather when investigating the circumstances of the lemon law claim.
Bakersfield Lemon Law Attorneys
It takes a highly qualified lemon law attorney to deal with vehicle manufacturers. Lemon law is a very specific niche of the law and requires an experienced attorney to spearhead your claim or lawsuit. For more information on lemon law requirements in Bakersfield, California, and to discuss your specific Bakersfield lemon law clean, give us a call today.
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