Purchasing a vehicle, especially a new car, can be an exhilarating and rewarding experience. The automobile in America, and specifically in California, represents much more than a means of transportation. In so many ways, our automobiles are reflections of our personalities and a prime example of the unrestrained freedom that so many of us value so highly. But what happens when the auto you purchase does not operate properly, or maintain its usefulness, performance, or safety for the period of time you believe it should?
Fortunately, the legislators of the State of California have enacted something called the Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law". At its essence, the California Lemon Law requires anyone who promises to repair a vehicle, to keep their agreement, or to repurchase or replace your vehicle, if they don't. The law applies to any vehicle with a warranty, including used cars that come with a warranty from a dealership or seller. The law also extends to all types of motorized vehicles, including cars, trucks and the chassis portion of a motor home. In fact, any vehicle acquired for personal, family and sometimes even business use, whether purchased or leased, falls under the jurisdiction of the California Lemon Law.
A major component of the California Lemon Law are the terms of the warranty. A warranty is a promise to make something work properly or to maintain its usefulness or performance for a specified period of time. Under the Lemon Law, violation of that warranty occurs when a defect in the vehicle substantially impairs its use, value, or safety. Warranties are legal documents, and many of the terms and conditions used in them can be difficult to decipher. The assistance of a CA Lemon Law Attorney can be of paramount importance in determining what defects warranties cover and the best way to proceed when it comes to the circumstances of your particular case.
The tenants and statutes in the Song-Beverly Consumer Warranty Act are complicated and easily misunderstood. Without an experienced California Lemon Law attorney, navigating the Lemon Law minefield can be very difficult. If your case goes to trial it may go before a jury, and in order to win your case, the following must be established:
• That the vehicle in question was legally purchased or leased
• That a valid warranty exists
• That the vehicle failed to perform as represented in the warranty
• That upon learning of the defects, the vehicle was delivered to an authorized repair facility to be repaired
• That the authorized repair facility failed to repair the defects after a reasonable number of opportunities
• The vehicle manufacturer or distributor or the Company that issued the warranty, did not replace or reimburse the consumer for the value of the vehicle
Obviously, these instructions can be vague and interpreted many different ways.
Nebulous terms like "reasonable number of opportunities" are variables that need to be argued by experienced Southern California Lemon Law Lawyers. If your vehicle is determined to be a lemon, you have the right to choose a refund instead of a replacement vehicle. You cannot be required by the manufacturer to accept a replacement vehicle instead of a refund. In addition, you may be able to get reimbursement for repair, towing and rental vehicle costs. Having competent counsel on your side can also help force action from the entities responsible for the repair or replacement of your defective vehicle.
If you think the car you bought is a lemon and you want your money back or another car, you should contact the Law Offices of Howard D. Silver today for a free, half hour consultation with one of our experienced California Lemon Law attorneys.
Minggu, 25 Juli 2010
Jumat, 23 Juli 2010
The Law Offices of Howard D. Silver | California Lemon Law
The Law Offices of Howard D. Silver represent victims of all types of automotive fraud in California. Our experienced California lemon law attorneys help people who bought new cars get the refunds they're legally entitled to after months of fruitless repairs. Our consumer protection lawyers help people who are victims of used car fraud, auto repair fraud and other unfair business practices.
If you bought a new vehicle, only to spend more time in the shop than on the road, you may have bought a "lemon" -- a new car that's simply no good. Most people spend thousands on new cars precisely to avoid having to spend lots of time and money on repairs -- but for owners of lemons, nothing seems to work. You may have repaired the same problem multiple times with no luck, had to fix multiple problems in a short period or have mechanical problems that simply make the vehicle unsafe. Under state law, you have the right to ask the dealer for either an exchange or a full refund -- your choice. If you need to sue a dealer to enforce that right, you should call the experienced lemon lawyers at the Law Offices of Howard D. Silver.
Under CA lemon law, all consumers have the right to be free of unfair business practices. That means nobody in our state should be able to get away with lying, deceiving or misleading you in order to get your money. That right is especially important when automotive fraud is involved, because used cars and auto repair can be extremely expensive, straining the budgets of ordinary drivers who simply trusted the wrong people. If you've asked for a refund and gotten nothing back, it's time to take it to the courts, with help from the Law Offices of Howard D. Silver. In an unfair business practices lawsuit, you can recover the money you paid to a dishonest dealer or shop, hold them responsible for any other costs you incurred because of their fraud, and stop them from victimizing others.
If you live in California, chances are you need a car to live your daily life. Buying or repairing one shouldn't be a personal and financial nightmare. If it turns into one, call the Law Offices of Howard D. Silver. Our attorneys have focused for decades on helping victims of "lemon" cars, auto fraud and unfair business practices, which means we understand California automotive law inside and out. We specialize in getting swift and complete settlements, refunds and exchanges for our clients -- and our success rate is over 95%. If you've been taken advantage of by a crooked auto dealer, repair shop or other California business, call the Law Offices of Howard D. Silver today at 1-866-49-LEMON, or fill out our confidential online consultation form, for a free evaluation of your case.
If you bought a new vehicle, only to spend more time in the shop than on the road, you may have bought a "lemon" -- a new car that's simply no good. Most people spend thousands on new cars precisely to avoid having to spend lots of time and money on repairs -- but for owners of lemons, nothing seems to work. You may have repaired the same problem multiple times with no luck, had to fix multiple problems in a short period or have mechanical problems that simply make the vehicle unsafe. Under state law, you have the right to ask the dealer for either an exchange or a full refund -- your choice. If you need to sue a dealer to enforce that right, you should call the experienced lemon lawyers at the Law Offices of Howard D. Silver.
Under CA lemon law, all consumers have the right to be free of unfair business practices. That means nobody in our state should be able to get away with lying, deceiving or misleading you in order to get your money. That right is especially important when automotive fraud is involved, because used cars and auto repair can be extremely expensive, straining the budgets of ordinary drivers who simply trusted the wrong people. If you've asked for a refund and gotten nothing back, it's time to take it to the courts, with help from the Law Offices of Howard D. Silver. In an unfair business practices lawsuit, you can recover the money you paid to a dishonest dealer or shop, hold them responsible for any other costs you incurred because of their fraud, and stop them from victimizing others.
If you live in California, chances are you need a car to live your daily life. Buying or repairing one shouldn't be a personal and financial nightmare. If it turns into one, call the Law Offices of Howard D. Silver. Our attorneys have focused for decades on helping victims of "lemon" cars, auto fraud and unfair business practices, which means we understand California automotive law inside and out. We specialize in getting swift and complete settlements, refunds and exchanges for our clients -- and our success rate is over 95%. If you've been taken advantage of by a crooked auto dealer, repair shop or other California business, call the Law Offices of Howard D. Silver today at 1-866-49-LEMON, or fill out our confidential online consultation form, for a free evaluation of your case.
Kamis, 22 Juli 2010
California Lemon Lawyers
CA Lemon Law FAQ's
Q: How do I know if I have a lemon?
A: California law says you have a lemon if your vehicle can't be fixed after a reasonable number of attempts. What is considered a reasonable number of attempts can vary with each individual case. But the courts assume you have a lemon if your vehicle, within its first 18 months or 18,000 miles, has been in the shop for more than 30 days combined; has had the same problem repaired four or more times; or, in the case of a serious safety defect, has had the same problem repaired two or more times. If one of these is the case, it's up to the manufacturer to prove your vehicle is not a lemon.
Q. Does the California lemon law apply to other types of products beside motor vehicles?
A. Although the California lemon law only applies to new motor vehicles, demonstrators, used motor vehicles that are still covered under the manufacturer's warranty, and the chassis portion of a motor home, the Song Beverly Consumer Warranty Act applies to the purchase of all consumer products such as boats, motorcycles, electronic equipment etc.
If you believe you have a problem with your consumer product that would be covered under California law, Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Does my vehicle still qualify if I bought it used? Or if I leased it? Or use it for business?
A: In all of those cases, you may still be able to bring a lemon law claim. Leased vehicles and used vehicles in the first few years of their lives are still covered by the manufacturer's warranty, so they're still covered by the lemon law. A business vehicle qualifies as long as it's under 10,000 pounds and belongs to a business that owns five or fewer cars.
Q. Does a consumer who purchases a used motor vehicle that is not covered under a manufacturer's warranty have any rights against the seller of the motor vehicle?
A. Yes. For example, if the seller of the used motor vehicle has provided a warranty or misrepresented the condition of the vehicle, the consumer has rights similar to the new motor vehicle lemon law.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: If I'm not covered by the lemon law, can I still recover my costs?
A: Yes! A vehicle or other consumer product purchased in California is covered by strong California consumer protection laws that forbid fraud, lies and unfair business practices. If you bought a used car with no warranty, but believe you were lied to or otherwise misled, you may have a case. Contact the Law Offices of Howard D. Silver to learn more at a free consultation.
Q. Are there special lemon law rules when a safety related defect is involved?
A. Yes. Subject to certain other requirements, if there have been two safety related repair attempts in the first eighteen months of ownership or 18,000 miles, whichever occurs first, it is presumed the motor vehicle is a lemon.
Don't get stuck with a lemon! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How do I recover money under the lemon law?
A: If your vehicle's manufacturer does not promptly offer you a replacement or refund for a known lemon, you should contact an expert lemon law attorney like Howard D. Silver. Your lawyer will file a lawsuit seeking the money or replacement that you're legally entitled to. The manufacturer may settle with you outside of court, or your case may go to trial. Attorney Howard D. Silver can tell you more about the process in your own lemon law case.
Q. For the California lemon law to apply, must the vehicle have a certain number of repairs in the first eighteen months or 18,000 miles, whichever occurs first?
A. No. The California lemon law only requires that there be a reasonable number of repair attempts.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What is the benefit of filing a California Lemon Law claim?
A: If you prove you have a lemon, you are legally entitled to a full refund or a replacement vehicle that's substantially similar to the lemon. This is your choice, not the manufacturer's. The manufacturer must also pay any incidental costs, such as vehicle registration fees for the replacement car and rental car bills.
Q. If the motor vehicle is presumed to be a lemon under California law, is the manufacturer required to refund the consumer's money or provide a replacement vehicle at no cost to the consumer?
A. No. The manufacturer has the right to prove that even though there have been a certain number of repair attempts to the motor vehicle, the vehicle is not a lemon.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How long do I have to file a lemon law claim in California?
A: Many people think the 18 months/18,000 miles requirement is the statute of limitations, but it's not. That time period is simply the time during which a court may assume you have a lemon. You have four years from the time you knew or should have know you had a lemon to file a lemon law lawsuit.
Q. What type of defenses can you expect the manufacturer of the motor vehicle to allege?
A. In a lemon law case, manufacturers typically argue that the defect the consumer is complaining about is not substantial, that the motor vehicle has been repaired or that the defect(s) complained about by the consumer cannot be duplicated.
If you have a lemon, you may be entitled to your money back or a new car! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What if my vehicle isn't safe to drive?
A: California lemon law recognizes that some defects are so serious that too many repair attempts might put consumers in danger. That's why the lemon law applies when you've made just two (or more) attempts to fix a defect that's likely to cause death or serious bodily injury. This rule allows you to start a lemon law claim quickly, so you can get rid of your lemon and get back on the road safely.
Q. If the vehicle was purchased for business reasons, does the California lemon law still apply?
A. Yes. Subject to certain exceptions, the lemon law may apply to a motor vehicle that was purchased for business reasons.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Do I have to use the manufacturer's dispute resolution program, or arbitration?
A: You will never be forced to use alternative dispute resolution. In fact, attorney Howard D. Silver recommends that you skip any manufacturers' in-house dispute resolution program. The law allows you to skip third-party arbitration programs with only a small negative effect on your lemon law case. Call the Law Offices of Howard D. Silver for an expert opinion on whether third-party arbitration is right in your case.
Q. Should consumers use the manufacturer's arbitration program before hiring a lawyer and filing a lawsuit?
A. Although sometimes you may be able to settle the case on your own, it is highly advisable to have an attorney represent you and it’s FREE!
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: The manufacturer's authorized repair facility is claiming there's nothing wrong, that the repair was made, or this is just normal wear, but I don't agree. What can I do?
A: These are some of the most common defenses manufacturers use against a lemon law claim. Under the law, if a manufacturer does not complete the work, or the repair shop does not duplicate the problem, your repair attempt still counts toward meeting the lemon test.
Q. Is there any way for you to help me with my lemon law claim if I'm unable to travel to your office?
A. Yes. In handling many of our client's lemon law claims, phone conferences and email correspondence is enough to obtain the information we need to send to auto manufacturers to get you the money that is owed to you for your defective vehicle. With the increased availability and simple use of fax machines, much of the vital data that we need does not require our clients to visit our office or meet with us in person; however, we are always happy to arrange a convenient time to do so.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Do I need an attorney to use the lemon law?
A: You are legally entitled to represent yourself, but there are many advantages to having a lawyer in a lemon law claim. An expert lemon law lawyer will be familiar with the laws and procedures that apply in your case. Your lawyer will be a professional negotiator who knows the tricks that manufacturers use to avoid paying, and how to recover more costs than you may be able to recover on your own. Perhaps just as important, hiring the Law Offices of Howard D. Silver shows the manufacturer that you mean business.
Q. How much money of my own do I need to save in order to pay for your services in my lemon law case?
A. None. We do not charge our clients any hidden fees or require any pre-made payment to obtain our services. As a standard procedure, the settlement reached in your case will contribute to paying attorney fees. In addition, the auto manufacturer may also be held responsible for court fees or attorney costs. It is our goal to make seeking a lemon law claim an option that consumers of all economic backgrounds can participate in.
Q: How do I know if I have a lemon?
A: California law says you have a lemon if your vehicle can't be fixed after a reasonable number of attempts. What is considered a reasonable number of attempts can vary with each individual case. But the courts assume you have a lemon if your vehicle, within its first 18 months or 18,000 miles, has been in the shop for more than 30 days combined; has had the same problem repaired four or more times; or, in the case of a serious safety defect, has had the same problem repaired two or more times. If one of these is the case, it's up to the manufacturer to prove your vehicle is not a lemon.
Q. Does the California lemon law apply to other types of products beside motor vehicles?
A. Although the California lemon law only applies to new motor vehicles, demonstrators, used motor vehicles that are still covered under the manufacturer's warranty, and the chassis portion of a motor home, the Song Beverly Consumer Warranty Act applies to the purchase of all consumer products such as boats, motorcycles, electronic equipment etc.
If you believe you have a problem with your consumer product that would be covered under California law, Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Does my vehicle still qualify if I bought it used? Or if I leased it? Or use it for business?
A: In all of those cases, you may still be able to bring a lemon law claim. Leased vehicles and used vehicles in the first few years of their lives are still covered by the manufacturer's warranty, so they're still covered by the lemon law. A business vehicle qualifies as long as it's under 10,000 pounds and belongs to a business that owns five or fewer cars.
Q. Does a consumer who purchases a used motor vehicle that is not covered under a manufacturer's warranty have any rights against the seller of the motor vehicle?
A. Yes. For example, if the seller of the used motor vehicle has provided a warranty or misrepresented the condition of the vehicle, the consumer has rights similar to the new motor vehicle lemon law.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: If I'm not covered by the lemon law, can I still recover my costs?
A: Yes! A vehicle or other consumer product purchased in California is covered by strong California consumer protection laws that forbid fraud, lies and unfair business practices. If you bought a used car with no warranty, but believe you were lied to or otherwise misled, you may have a case. Contact the Law Offices of Howard D. Silver to learn more at a free consultation.
Q. Are there special lemon law rules when a safety related defect is involved?
A. Yes. Subject to certain other requirements, if there have been two safety related repair attempts in the first eighteen months of ownership or 18,000 miles, whichever occurs first, it is presumed the motor vehicle is a lemon.
Don't get stuck with a lemon! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How do I recover money under the lemon law?
A: If your vehicle's manufacturer does not promptly offer you a replacement or refund for a known lemon, you should contact an expert lemon law attorney like Howard D. Silver. Your lawyer will file a lawsuit seeking the money or replacement that you're legally entitled to. The manufacturer may settle with you outside of court, or your case may go to trial. Attorney Howard D. Silver can tell you more about the process in your own lemon law case.
Q. For the California lemon law to apply, must the vehicle have a certain number of repairs in the first eighteen months or 18,000 miles, whichever occurs first?
A. No. The California lemon law only requires that there be a reasonable number of repair attempts.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What is the benefit of filing a California Lemon Law claim?
A: If you prove you have a lemon, you are legally entitled to a full refund or a replacement vehicle that's substantially similar to the lemon. This is your choice, not the manufacturer's. The manufacturer must also pay any incidental costs, such as vehicle registration fees for the replacement car and rental car bills.
Q. If the motor vehicle is presumed to be a lemon under California law, is the manufacturer required to refund the consumer's money or provide a replacement vehicle at no cost to the consumer?
A. No. The manufacturer has the right to prove that even though there have been a certain number of repair attempts to the motor vehicle, the vehicle is not a lemon.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How long do I have to file a lemon law claim in California?
A: Many people think the 18 months/18,000 miles requirement is the statute of limitations, but it's not. That time period is simply the time during which a court may assume you have a lemon. You have four years from the time you knew or should have know you had a lemon to file a lemon law lawsuit.
Q. What type of defenses can you expect the manufacturer of the motor vehicle to allege?
A. In a lemon law case, manufacturers typically argue that the defect the consumer is complaining about is not substantial, that the motor vehicle has been repaired or that the defect(s) complained about by the consumer cannot be duplicated.
If you have a lemon, you may be entitled to your money back or a new car! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What if my vehicle isn't safe to drive?
A: California lemon law recognizes that some defects are so serious that too many repair attempts might put consumers in danger. That's why the lemon law applies when you've made just two (or more) attempts to fix a defect that's likely to cause death or serious bodily injury. This rule allows you to start a lemon law claim quickly, so you can get rid of your lemon and get back on the road safely.
Q. If the vehicle was purchased for business reasons, does the California lemon law still apply?
A. Yes. Subject to certain exceptions, the lemon law may apply to a motor vehicle that was purchased for business reasons.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Do I have to use the manufacturer's dispute resolution program, or arbitration?
A: You will never be forced to use alternative dispute resolution. In fact, attorney Howard D. Silver recommends that you skip any manufacturers' in-house dispute resolution program. The law allows you to skip third-party arbitration programs with only a small negative effect on your lemon law case. Call the Law Offices of Howard D. Silver for an expert opinion on whether third-party arbitration is right in your case.
Q. Should consumers use the manufacturer's arbitration program before hiring a lawyer and filing a lawsuit?
A. Although sometimes you may be able to settle the case on your own, it is highly advisable to have an attorney represent you and it’s FREE!
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: The manufacturer's authorized repair facility is claiming there's nothing wrong, that the repair was made, or this is just normal wear, but I don't agree. What can I do?
A: These are some of the most common defenses manufacturers use against a lemon law claim. Under the law, if a manufacturer does not complete the work, or the repair shop does not duplicate the problem, your repair attempt still counts toward meeting the lemon test.
Q. Is there any way for you to help me with my lemon law claim if I'm unable to travel to your office?
A. Yes. In handling many of our client's lemon law claims, phone conferences and email correspondence is enough to obtain the information we need to send to auto manufacturers to get you the money that is owed to you for your defective vehicle. With the increased availability and simple use of fax machines, much of the vital data that we need does not require our clients to visit our office or meet with us in person; however, we are always happy to arrange a convenient time to do so.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Do I need an attorney to use the lemon law?
A: You are legally entitled to represent yourself, but there are many advantages to having a lawyer in a lemon law claim. An expert lemon law lawyer will be familiar with the laws and procedures that apply in your case. Your lawyer will be a professional negotiator who knows the tricks that manufacturers use to avoid paying, and how to recover more costs than you may be able to recover on your own. Perhaps just as important, hiring the Law Offices of Howard D. Silver shows the manufacturer that you mean business.
Q. How much money of my own do I need to save in order to pay for your services in my lemon law case?
A. None. We do not charge our clients any hidden fees or require any pre-made payment to obtain our services. As a standard procedure, the settlement reached in your case will contribute to paying attorney fees. In addition, the auto manufacturer may also be held responsible for court fees or attorney costs. It is our goal to make seeking a lemon law claim an option that consumers of all economic backgrounds can participate in.
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