Millions of Americans purchase vehicles and other high-value items each year, and there is an expectation with each of these transactions that the seller is representing the item accurately and honestly. Lemon laws exist to provide consumer protection. Mostly apply to used vehicle sales, lemon laws aim to provide legal recourse when a seller has knowingly and intentionally misrepresented the condition of a product to be sold with the intention of defrauding the buyer.
If you recently purchased a used vehicle or any other high-value item and the item is covered under warranty, the warranter has a legal duty to ensure the buyer receives either a replacement of the item they intended to purchase in full working order or a full refund of the purchase. Unfortunately, most warranters subject to lemon laws are large auto manufacturers with in-house legal representation.
The Law Office of Quintin G. Shammam can provide the comprehensive legal representation you need in any lemon law claim in San Diego. Attorney Quintin Shammam and his team have years of professional experience handling lemon law claims and other consumer protection cases. If you have been sold a “lemon,” you have the right to a refund or replacement, and our team knows how to ensure appropriate repayment in these cases. Contact us today to learn about the legal services we provide in San Diego.
How to File a Lemon Law Claim
Before you can file a lemon law claim in San Diego, you must ensure your case meets the legal prerequisites. The vast majority of lemon law claims pertain to used vehicles, and most used vehicles in California are sold with some type of warranty coverage. Used car dealerships also often offer service coverage, meaning once you purchase a vehicle from the dealership, they will perform certain maintenance for free or at discounted prices for a limited time, typically only the first few months you own the vehicle. Most will offer some type of warranty, and you can file a lemon law claim for a used vehicle as long as the dealer’s warranty still covers it. Alternatively, if it is a newer model used vehicle, it may still have warranty coverage through the manufacturer. Be certain to read the fine print of your purchase agreement very carefully.
If you purchased a new vehicle in San Diego, it likely has some form of warranty coverage through the manufacturer and may have another form of warranty coverage through the dealership. The paperwork you receive upon completing the purchase should carefully explain the full scope of the warranty coverage that applies to your vehicle. Most new vehicle warranties will last for a set number of years or until you drive the vehicle for a certain number of miles. For example, a five-year 100,000-mile warranty would last for five years from the date of purchase or until the buyer puts 100,000 miles on the vehicle, whichever comes first.
Under California lemon law, the plaintiff needs to prove their vehicle has or had a defect covered by their warranty that significantly reduces the vehicle’s value, impedes the vehicle’s ability to be driven, and/or diminishes the vehicle’s safety for occupants of the vehicle. They must also prove the manufacturer or warranter had access to a local authorized repair facility and had at least two or more opportunities to repair the vehicle. Alternatively, the plaintiff must show that the vehicle has been out of service due to repairs for a period longer than 30 days and that the substantial defect in question was not caused by the plaintiff’s unlawful, unreasonable, or unauthorized use of the vehicle.
When you purchase a vehicle covered under warranty and notice a problem, you have a duty of care to have the problem addressed by scheduling an appointment through your warranter. An authorized repair center must handle the issue. If you take your vehicle to an unauthorized repair center, this could void the warranty and nullify your ability to file a lemon law claim.
How Your Attorney Can Help
Many people with valid lemon law claims in California make serious mistakes that negatively impact their ability to recover fair compensation for their losses. One of the worst of these mistakes is signing away the right to file a lemon law claim with the help of an attorney. So, if the plaintiff makes a complaint to their warranter or a manufacturer, they may respond by offering a warranty extension and/or eliminating a few of the monthly payments for the vehicle. However, the agreement to do so will typically have a waiver of the lemon law claim embedded in the fine print. This means that if you sign this type of deal, you are effectively signing away your right to file a lemon law claim and secure the compensation you are fairly owed.
Another common mistake is agreeing to arbitration. You typically have the right to opt out of an arbitration clause, and you should do so immediately. Otherwise, if a legal dispute arises between you and a manufacturer or warranter, you agree to waive your right to a jury trial and engage in private arbitration. This means a single arbitrator will have the final say regarding your warranty rights, and most manufacturers and warranters have more legal power behind them to influence arbitrators in their favor. Never make the mistake of thinking a warranter, a manufacturer, or an arbitrator will be “on your side,” their goal is to pay out as little as possible in every case.
Finally, do not make the mistake of signing an out-of-court settlement that requires you to pay legal fees in any way. While you may be hesitant to hire legal counsel due to the anticipated legal expenses, the reality is that California’s lemon laws allow a plaintiff to hold a warranter or manufacturer responsible for their legal fees. This means that if you choose the right San Diego consumer protection attorney to represent you, it will effectively cost you nothing to file the claim as you can recover your legal expenses from the defendant.
FAQs
Q: Is There a Mileage Requirement to File a Lemon Law Claim in California?
A: It’s a common misconception that you cannot file a lemon law claim for a new car once it has 18,000 miles on it or you have had the vehicle for 18 months or more past the date of purchase. These figures merely constitute the lemon law “presumption,” meaning that if your vehicle fails within this mileage limit or timeframe, you have a very strong lemon law case. If you are unsure whether you meet the requirements for a lemon law claim, consult an experienced San Diego consumer protection attorney as soon as possible.
Q: Can I File a Lemon Law Claim for a Leased Vehicle?
A: Yes, although the repayment will look a bit different from what you would expect in a lemon law claim for a new car. When you lease a lemon and succeed with a lemon law claim, you can generally expect a refund of the down payment made at the time of purchase and reimbursement for all monthly payments you have made, and the manufacturer will buy out the remainder of the lease. If you succeed with a lemon law claim for a new vehicle, you are repaid for the down payment and the monthly payments, minus a mileage penalty based on how much you used the vehicle.
Q: How Long Does It Take to Resolve a Lemon Law Claim?
A: Lemon law claims in California can be complicated, and most warranters and manufacturers do everything they possibly can to avoid paying out on these claims. If you want to streamline your case as much as possible, it’s important to work with an experienced San Diego consumer protection attorney. They can assist you with streamlining your case significantly and will help you avoid the common mistakes that many people often face when attempting to handle lemon law claims on their own.
Q: How Much Will It Cost to Hire a San Diego Consumer Protection Attorney?
A: Most of the consumer protection laws of California, including the state’s lemon law, allow the plaintiff to hold the defendant accountable for their attorneys’ fees. This means that if you choose the right attorney to represent you and you succeed with your case, you may not need to pay anything in legal expenses, as the defendant will be liable for these costs. However, always be sure to read an attorney’s billing policy very closely before agreeing to their representation.
The team at the Law Office of Quintin G. Shammam has the resources and experience necessary for handling the toughest consumer protection cases in San Diego. Throughout the years of our firm’s operation, we have helped many clients secure fair compensation for their consumer protection claims, and we know how these laws are likely to apply in your impending case. If you are ready to learn how the Law Office of Quintin G. Shammam can assist you with your lemon law claim, contact us today and schedule your consultation.