The Lemon Law Process
The California Lemon Law Process
Often clients ask us how a California lemon law case is litigated. In other words, what is the process?
Under California law, the auto manufacturer is obligated to provide a vehicle which “conforms to the express warranty on the vehicle”. This means that the vehicle has to be fit for the purpose it was intended. If you buy a vehicle, you expect for instance, that the engine will run correctly. If it doesn’t then the vehicle is not fit for the purpose it was intended. That is, to be driven. If the manufacturer breaches its express warranty which is the agreement to fix or repair a car in writing for any problems for a certain time. For instance if the warranty is for 3 years or 36,000 miles which ever occurs first, the then manufacturer has to repair the item under warranty with no cost to the consumer during this period.
If the manufacturer cannot repair the vehicle to conform to the express or written warranty after a reasonable number of repair attempts, then a lemon law or warranty claim may arise. Even after the warranty has expired the manufacturer is still on the hook for making it right if you complained about a problem during the warranty period.
Analysis of Your Case
The first step is to provide our California Lemon Law Attorneys with all of your repair documentation, the purchase contract or lease and the current registration. We can look at this and determine if your vehicle qualifies for a lemon law claim under California law. Among other things, we look to see if you have brought your vehicle to an authorized repair facility during the warranty period for repair attempts. If you have, we go on to the next step.
The Demand Letter
After analyzing your paperwork, we prepare a letter to the manufacturer requesting that they give you restitution for your vehicle. This usually is a request for a buy back or replacement. Under California law, the consumer must give the manufacturer written notice of the defect(s) or nonconformities. The manufacturer then has 30 days to respond. If no response is received or acceptable restitution is not offered then the consumer is free to go forward with a lawsuit against the manufacturer.
Lemon Law Associates of California is usually able to resolve many claims before a lawsuit or litigation is required. Call our California Lemon Lawyers today at 877-955-3777 or through our Contact Form for a free consultation!
If we are unable to settle your case after sending the initial demand letter. We file a lawsuit against the manufacturer. Once litigation is started the majority of our cases settle. Very few lemon law cases ever go to trial because the manufacturer is on the hook to pay reasonable attorneys fees and costs if they do not prevail.
This is just a thumbnail sketch of the lemon law process. Every case is unique and we cannot predict the outcome. However, we have represent many California consumers and have been very successful in getting consumers the justice they deserve!
Give us a call today would love to hear form you even if it’s just to answer a few questions. Lemon Law Associates of California – We are on the side of California Consumers!
Lemon Law Associates Of California represents consumers who have California consumer vehicle claims regarding lemon law and auto fraud.
Lemon Law Articles
Click below where you can find articles that can provide solutions to many of the questions you might have regarding California Lemon Law or if you might have a legitimate lemon law claim.
California Lemon Law FAQs
Q. My car is out of warranty now. Can I
still have a lemon law claim?
Ans: Yes. If you can establish the defect or nonconformity occurred during the original manufacturer’s warranty period your claim may still be valid.