Lemon Law Attorney

Lemon Law Lawyers

As Lemon Law lawyers, we specialize in assisting clients who have purchased or leased new or used vehicles that fail to meet quality and performance standards. We are well-versed in the statutes designed to protect consumers from defects that the manufacturer or dealer cannot repair within a reasonable number of attempts. Our role involves guiding clients through the complexities of filing claims, negotiating with auto manufacturers, and securing compensation such as vehicle replacements, refunds, or financial damages. Our expertise ensures that consumers effectively leverage their rights for a fair resolution.

Filing a Lemon Law Claim?

One crucial step in pursuing a Lemon Law claim is ensuring that you have all the essential documents needed for our attorneys to construct a robust case. Our top-rated lemon law attorneys provide free consultations, giving you an opportunity to discuss your situation and explain why you believe your vehicle qualifies under the Lemon Law. There are several key pieces of documentation that are needed that include:

• Proof of Vehicle Purchase: This is typically your purchase or lease agreement which verifies that you are the owner or lessee of the vehicle.
• Service Receipts and Records: Detailed receipts from all service visits, which help to establish a timeline and nature of the recurring issues.
• Service Visit Dates: A chronological list of all the dates your vehicle was taken in for repairs, which is crucial for demonstrating repeated repair attempts.
• Photos of the Serviced Parts: Visual evidence of the defective parts before and after repairs can be very persuasive in substantiating your claim.
• Correspondence with Dealers and Manufacturers: Any emails, letters, or records of phone calls related to the vehicle’s issues can support your claim by showing how the dealer or manufacturer responded to your complaints.
• Diagnostic Reports: Reports from diagnostic tests that reveal faults and issues with the vehicle can provide technical proof of defects.
• Expert Evaluations: Assessments from independent automotive experts or mechanics who can testify to the vehicle’s condition and the inadequacy of the repairs conducted.

Depending on the specifics of your case, additional evidence may also be necessary to strengthen your claim.

What is a Lemon Law?

Although vehicles are meant to be problem-free the first couple of years after purchase, this is not always the case. Lemon law establishes specific consumer rights for those who have had recurring problems with their vehicle. Each state has different laws and regulations in place that establish the consumers’ rights. But, generally, a consumer who has purchased a new vehicle has the right to file a claim against the automobile manufacturer for their repetitive trips to the service center.

Although not common, thousands of people experience defective vehicles yearly in the United States. In the event you believe that your vehicle should be considered a “lemon,” give our lemon law attorneys a call today to discuss your case.

What is not covered under the Lemon Law?

While lemon laws in California and Nevada cover a wide range of vehicles, certain types are excluded from protection under these statutes. Vehicles that typically do not qualify for lemon law include:

• Buses: Larger passenger vehicles used for mass transit.
• Tractors: Vehicles specifically designed for agricultural use.
• Delivery Trucks: Vehicles primarily used for transporting goods and services.
• Big Rigs: Also known as semi-trucks, used predominantly for long-haul trucking.
• Heavy Machinery Trucks: Trucks designed to transport large machinery or equipment.
• Off-road Vehicles: Vehicles intended primarily for off-road use and not for operation on public roads.
• Rental Vehicles: Vehicles owned by a company and leased or rented to users, typically not covered unless they are under a personal lease.
• Government Vehicles: Vehicles owned and operated by city, state, or federal government agencies.

Understanding these exclusions can help clarify whether your vehicle might qualify for a claim under the lemon law. If you’re unsure about your specific vehicle type, consulting with a qualified lemon law attorney can provide clarity and guidance.

What is the Statute of Limitations for Lemon Law Claims in California?

The statute of limitations is a legal deadline set by California law that dictates when you must file your lemon law claim. This deadline is crucial for ensuring your right to pursue legal recourse is preserved. Here are the key points you need to know about the statute of limitations for lemon law claims in California:

• Four-Year Deadline: You have a four-year period to file a lemon law claim, starting from the date you reasonably became aware of the vehicle’s potential defect, not from the date of purchase or lease.
• Discovery of the Defect: The clock starts when you first notice issues with your vehicle that suggest a possible defect during the warranty period. This is often recognized through the initial problems you experience with the vehicle.
• Importance of Documentation: Keeping detailed records of service dates, repair attempts, and when problems first occurred is vital. This documentation will help establish the timeline of discovery for the defect.
• Consultation with an Attorney: Given the complexities involved in determining the start of the statute of limitations period, it’s advisable to consult with a lemon law attorney. An attorney can provide a clear assessment and help you determine if your vehicle qualifies under California lemon law.
• Act Promptly: Delaying action can jeopardize your ability to file a claim. If you suspect your vehicle is a lemon, seeking legal advice early can prevent missing critical deadlines.

Understanding these aspects of the statute of limitations will help you navigate your rights under California lemon law more effectively. If you’re facing issues with your vehicle, consider contacting a lemon law attorney to evaluate your case and ensure your claim is filed within the appropriate timeframe.

Does the Lemon Law Cover Used Cars?

California’s lemon law does cover used cars, but certain conditions must be met for a vehicle to qualify. Here are the key points to understand about lemon law coverage for used cars:

• Warranty Coverage: The Lemon Law primarily covers used cars that still have an active manufacturer’s warranty or a dealer warranty at the time of purchase. This ensures that any defects are covered under these warranties.
• Dealer vs. Private Sales: Used vehicles purchased from dealerships are more likely to be covered by Lemon Law if they come with a warranty. In contrast, cars bought from private individuals typically do not qualify because these sales rarely include a warranty.
• Dealer Guarantees: When you buy a used car from a dealership, there is an implicit guarantee that the vehicle has been inspected and is in drivable condition. If a car proves to be consistently problematic or undrivable despite repeated repairs, it may qualify under the Lemon Law.
• Multiple Repairs: If you need to take your car in for repairs frequently, especially for the same issue within a short period after purchase, this could trigger Lemon Law protection.
• Documentation is Key: Keep all records of repairs and communications with the seller or manufacturer. These documents are crucial for supporting a Lemon Law claim.
• Consult a Lemon Law Attorney: Understanding whether your used car falls under the lemon law can be complex. Consulting with a lemon law attorney can clarify your specific situation and help protect your rights.
• Time Limitations: Remember that lemon law claims must be filed within a certain time frame from the date of purchase. It’s important to act promptly if you believe your vehicle is a lemon.

By understanding these guidelines, you can better navigate the process of determining whether your used car is covered under California lemon law and what steps to take if you encounter significant issues with your vehicle.

What are the different types of warranties in California?

• Express warranties: these are direct warranties that the car manufacturer and dealership are making to the purchaser, claiming that the car has no problems whatsoever.
• Implied warranties:  even if the dealership did not expressly tell you that the car is covered under a warranty, it may still fall under an implied warranty of merchantability. An implied warranty of merchantability is not in writing, instead it is a promise that the vehicle is meant to be drivable.

Do you need a lawyer for lemon law in California?

• Having a Lemon Law attorney will make the process so much easier and simpler. It could be very frustrating to have a car that is constantly breaking down. On top of all of that, you may have to then make sure that you properly file a claim against the car manufacturer in court.
• In the event that you do not have an attorney and you file a claim against the manufacturer unrepresented, the manufacturer may take advantage of you and settle for lower than the amount should be.
• An experienced attorney will take off all the stress associated with filing a lemon law claim, and make sure that you have a strong case to get the compensation you deserve.

Who pays the attorney fees and costs under California lemon law?

Under California law, if the consumer who filed the lawsuit is successful in their claim, the automobile manufacturer is required to pay the Lemon Law attorney fees, along with any other court and administrative costs. This means that you do not have to pay our attorneys up front for our services with your lemon law claim. Our attorneys will work hard to make sure that we get compensated by those who are held responsible.

Does Nevada have lemon laws?

Nevada also has Lemon laws that provide protections to vehicle owners and purchasers. This can be seen under Nevada Revised Statutes Section 597.600 to 597.688. Under Nevada law, any vehicle that has a defect and impairs the driver’s ability to use the vehicle is a violation of an express warranty by the manufacturer.

In order for the vehicle to be considered a “lemon” in Nevada, the vehicle manufacturer must not be able to fix or repair the vehicle within 30 days. This time limitation is very specific, and requires the automobile manufacturer to try to repair the vehicle four times within 30 days. This could get very tricky, especially when figuring out dates and attempts to fix the vehicle. Give us a call today to discuss your lemon law claim in Nevada.

What if I modified my vehicle?

If you made any modifications to your vehicle, it may not qualify under both California and Nevada lemon law. But, it depends on the modifications.