After you purchase a new car, it should stay in top shape for many years to come. Unfortunately, problems with the vehicle are sometimes unavoidable. When you buy a car, you expect it to be reliable. If your new car breaks down often, it can be frustrating and expensive. It doesn’t have to be that way, though. A California lemon law lawyer can help you out when your new vehicle is constantly in the shop or has a seemingly infinite number of issues.
Thousands of people each year will run into the same problem: the car dealership can’t figure out what is wrong with their car and they can’t get it fixed under warranty. That sounds like a nightmare, but there are a few options available depending on what kind of loan you had when you purchased your car. If you bought a new or used car that is still under warranty, and the dealership cannot fix your car, then you may be protected by California lemon law.
When is Your New Car Deemed a Lemon?
It’s a nightmare situation for any car buyer. You’ve shelled out thousands of dollars for a new vehicle, only to have it break down or fall apart on you, days or months later. It can be extremely frustrating when this happens, especially when, in many cases, the manufacturer or dealer won’t do much to help you out. This is the story of why and how this unfortunate situation came about, and what you can do to protect yourself.
Dealership Can’t Fix a Car Under Warranty
California warranty laws are tough to read. However, if a dealership fails to fix a problem with your car, it is important to know why they couldn’t do so. In these cases, the law may be enforced differently depending on the dealership’s reasoning. If the dealership says you can’t make a claim because the car is designed to operate that way or the problem doesn’t exist, there is no guarantee that a court will agree.
When a defect occurs, it can be frustrating. It often takes a little time to find the right solution. But, if the dealership acknowledges the problem and tries to fix it but it keeps happening, then you are protected by warranty laws and may be able to get a refund from the manufacturer.
How Bad Should the Defect Be For the Vehicle to Be a Lemon?
Defects can vary in their seriousness and significance. Sometimes even a minor issue can lead to injury or death. Recurring failures with the engine, transmission, steering, braking, electrical system, etc. can eventually lead to serious injury or even death. These types of defects typically make a strong lemon law claim.
If a lemon law lawyer is arguing for your claim, they will try to prove that the defect in question is substantial enough to warrant a replacement. For example, problems with a broken mirror or a broken CD player may not be a strong argument. These problems cannot compromise the vehicle’s value and/or functionality, so it’s important to know your rights.
What About the Repair Attempts?
One of the most confusing aspects of lemon law cases is how many times a manufacturer can repair a defect. In most cases, it is two times. However, when a defect is dangerous or has been tried once and failed, one attempt usually satisfies the law.
A broken car is a nightmare. But what if the manufacturer decides they want to make another attempt? To count towards a lemon claim, the repair order must be closed by the manufacturer-certified facility. If it turns out that the repair order is still open, they can take another shot at fixing the defect.
What About Warranty?
When you buy a vehicle, it should come with a warranty. This is the foundation of lemon law claims. If the defect was reported within the terms of the original manufacturer warranty, dealer warranty, or implied warranty of merchantability, you can file a lemon law claim. Warranty terms can differ depending on the brand.
Final Words
The California Lemon Law is a law that protects consumers from buying new cars that keep breaking down. If you are having trouble with your vehicle, and it seems like the dealer or the manufacturer isn’t willing to work with you or aren’t doing anything to fix the issue, then it is time to reach out to a California lemon law lawyer. A lemon law attorney can help you navigate the California Lemon Law process and get your vehicle fixed. If you don’t feel like you can reach a resolution with the manufacturer or the dealer, then a lemon law attorney can help you get your money back.