No one ever wants to purchase a lemon from a car, but sometimes it happens. If you’re unfortunate enough to buy a dud of a car, there’s no need to worry. In the state of California, there’s a lemon law in place that protects consumers from being stuck with the cost of a faulty vehicle. So if you do find yourself the owner of a lemon car, you can rest assured knowing that you’re protected under California lemon law.
What is a Lemon Law Buyback?
In California, the lemon law buyback protects individuals who purchase a car, truck, or SUV under warranty. If the vehicle develops one or more defects while under warranty, the consumer may be eligible for a California Lemon Law Buyback. Understand that a vehicle under warranty is only eligible for buyback if the manufacturer cannot repair the defects in a reasonable number of attempts or if the vehicle is at a dealership for many days to repair one or more defects and it is still having problems.
If your vehicle is eligible for a California Lemon Law Buyback, its manufacturer has two options.
Replace the defective vehicle.
Buy back the defective vehicle.
Ideally, the consumer and manufacturer will come to an agreement on whether to provide a replacement vehicle or money back. If the manufacturer provides the consumer with a replacement vehicle that includes all warranties for full protection. The manufacturer must also cover taxes, licensing fees, and registration on the replacement vehicle. In either situation, the manufacturer provides all legal fees from filing the case.
Seven Steps to Help Navigate the Lemon Law Buyback Process
Take Your Car to an Authorized Dealership:- If you have a lemon, the best thing to do is take it back to the manufacturer right away. You should give them the chance to fix your vehicle at least twice, unless it spends more than 30 cumulative days at the dealership. Filing a lemon law claim is always an option, but you should give the dealership a chance to repair your vehicle first.
Keep a Record of All Your Repair Attempts:- To have a stronger case, you need to have good records of any and all attempts to repair the defective vehicle. If you don’t have records of the warranty and work performed on the car, it can hold up your claim significantly.
Find a Reputable Lemon Law Attorney:- If you’ve already had your car worked on and it’s still not up to your standards, it may be time to consult with a California lemon law attorney. These professionals will help you understand your next steps and can guide you through the often complex process of filing a lemon law claim. And, if your claim is successful, the manufacturer will have to pay your attorney fees not you.
File a Claim:- Once you find a reputable lemon law attorney, they will be able to file a lemon law claim, informing the auto manufacturer that you want a buyback.
Determine What the Terms of the Buyback Are:- If you think you might have a lemon on your hands, the first thing you shouldn’t do is try to take on the manufacturer by yourself. They will likely try to deny your claims, and without an experienced lemon law attorney in your corner, you’ll be at a disadvantage. But with a lawyer who knows the ins and outs of the lemon law, you’ll be much better equipped to fight for your rights and get a fair buyback from the manufacturer.
Return the Defective Vehicle to the Dealership:- Once your lawyer has arranged a clear agreement on the buyback terms with the manufacturer, it’s time to return the defective vehicle to the dealership.
Receive Payment from the Manufacturer:- After all the negotiations have been made and you’ve returned the defective vehicle to the manufacturer, it’s finally time to get reimbursed for the money you spent on the lemon vehicle. You can use this money to purchase a different car or spend it as you would like, there are no stipulations on how you use your compensation.
In conclusion, Lemon Law Buyback’s attorneys have negotiated favorable terms and conditions for its clients. Moreover, the lawyers can help lead clients through the legal process of Lemon Law Buyback. It’s vital that customers contact Lemon Law Buyback as soon as they know they need to purchase a Lemon Law buyback.
The California Lemon Law can help you get what you deserve. To qualify for assistance under the law, your car must meet certain requirements. It must have been bought or leased in California, and it must have been registered in California within the last eighteen months. The car must also have a defect that is covered by the law. By following these eight steps, you can make the best possible preparations for trial to maximize the chances that your Lemon Law case will come in your favor.
1. Do Your Research Before Buying
The best way to avoid lemons entirely is to do thorough research before buying or leasing a vehicle. You can avoid buying a lemon by checking out the car’s make and model on consumer report sites and learning whether or not that vehicle has any lemon law-related claims. When purchasing a used vehicle, you must also research the dealer from which you’re acquiring the car.
2. Understand Your Consumer Rights
Before filing your claim, it’s important to take the time to educate yourself about the nuances of the Lemon Law to ensure you know what you’re pursuing. You can do online research to gather education about the law that goes beyond its legalese. An attorney will be able to better advise me of my rights regarding the matter.
3. Keep a Record of Vehicle Repairs
If you’re consulting under the Lemon Law, it’ll be vital that you keep detailed records of your vehicle ‘s repairs. You’ll need to prove that your vehicle has required at least four repairs for the same concern, which means that you should maintain thorough service ticket information you were given in this condition. From what you have shared in regards to when you noticed the problem and how much you paid for the work, send the papers to the insurance provider.
4. Create a Logbook for your Vehicle
The best way for you to check out your Lemon Law petition is a logbook for the vehicle. This _logbook_ should not only contain your vehicle’s service records, but you _also_ should maintain a record of how long and what days your vehicle was inoperable due to the defect. You should also include any notes in your log about any conversations you had with the manufacturer, dealer, service personnel, or regarding your vehicle itself.
5. Maintain & Use Your Vehicle Properly
If you report your car’s problems to your Lemon Law attorney, it’s crucial that you take precautions for your vehicle still being used and keep any problems from getting worse. This is because the Lemon Law doesn’t cover damage caused by improper or illegal use of your vehicle. Without following the servicing or outfitting your car with needed accessories, you may not be harmed by the warranty lawsuits against the manufacturer.
6. Find a Licensed Mechanic
If your vehicle requires fixing or service, take it to a tire technician who has received proper certification. Make sure the technician you’re working with has a good standing in the event the dealership has any complaints, and be sure that they are all qualified. It has been shown that advisory services are much more likely to help you with your automobile if you purchase your car from the dealership you bought it from or someone who specializes in servicing your vehicle.
7. Hold on to all Correspondence
If you notify a manufacturer or arbitrator about the problem by certified mail or have exchanged emails with the arbitrator, hold on to all correspondence that relates to your car. This documentation will be useful as of May as an affirming attorney at the Lemon Law hearing, providing necessary evidence and helping the lawyer gain a full understanding of the full scope of your complaint.
8. Find a Qualified Attorney
As the final step towards preparing your Lemon Law case, it’s important to find a qualified attorney. Make sure that your attorney has experience with the California Lemon Law and has prevailed in similar cases.
In conclusion, if you are a California resident and have had repeated problems with your car, it may be time to take advantage of the Lemon Law. By following the tips provided in this article, you can increase your chances of getting what you deserve from the law. Remember, it is important to act quickly and to keep track of all of your paperwork.
When you start shopping for a vehicle, you want to buy a car that won’t give you problems. Unfortunately, there are a lot of lemons out there, and you need to avoid getting stuck with one. This article is full of tips from a California lemon law attorney on how to avoid buying a lemon.
Finding a nice used car for an affordable price is often easier said than done; which is why it’s important to do your research before you enter into any negotiations. However, finding the perfect car for you doesn’t just come down to good luck as some people seem to think.
It’s more about doing your homework properly and being armed with all the necessary information so that when it comes down to negotiating the deal, you know up from down and can make sure a potential purchase won’t present any hidden issues in terms of its automobile performance, road safety or general reliability in the future.
How to Protect Yourself From Buying a Lemon?
When purchasing a new car, you want to be sure that you are making the right choice. It is not easy to know whether you are making a good choice when you have to pick between so many different cars. There are ways to ensure that you are making the right choice. Understanding what you need to look for will help you when you are shopping for a new car.
Checking the Reliability Record
Before selecting a vehicle, use consumer reports to help you select models with reliability in mind. The best of these so-called good vehicles will have the highest customer satisfaction scores and will be better for your wallet in the long run.
If you’re looking for a vehicle and want to see how it rates on reliability, check for the reliability history charts that come with the profiles for most of Consumer Reports’ automobiles.
Reading the Window Sticker
A Buyer’s Guide is required in every used vehicle sold by dealers. It must be located in a prominent area of the vehicle and contain certain information, including the warranty that is being provided for the vehicle and what amount, if any, will be paid by the dealership for repairs. The Buyer’s Guide information overrides any contrary provisions in your sales contract.
If a vehicle is being sold “as is” it means that the owner makes no lifetime guarantees on the condition of the car, so any problems that come up once you’ve made your purchase will be your responsibility. Some states do not allow as-is sales on vehicles worth more than a certain price.
Checking the Vehicle’s History
A vehicle history report from CarFax or Experian Automotive is an incredibly useful tool for those in the market for a car. It can alert you to possible:
Odometer fraud
Reveal Past Fire Damage
Reveal Past Flood Damage
Reveal Past Accidental Damage
…or tell you if a rebuilt or salvage title has ever been issued for the vehicle.
But these reports aren’t perfect. There are vehicles that have a clean report, but still require some work in the damage department. We suggest entering the vehicle’s VIN into ReviewMyAuto.com to find out if this specific vehicle has any flaws that you might need to consider before taking it home in your driveway.
Some used-car marketplaces can help you obtain a vehicle history report for free but otherwise, these are costly and there is a significant cost involved because it’s an important resource and the best protection involves ensuring that your car has been inspected by a professional mechanic.
Look for a Mechanic
Use a mechanic you trust to thoroughly inspect your used car before purchasing it. Ask for an estimate that details why the inspection was done, what it might cost to remedy any problems, and where you can get specific parts. If you’re not satisfied with the explanation or price quote from one shop, try another until you find someone who will talk to you in terms that you understand and give a reliable estimate of the cost.
You should enlist these services from the Car Care Council (CCC). This group certifies independent shop facilities that have been inspected by an authorized government agency for meeting rigorous standards for learning and competence. AAA members can rely on CCC-accredited shops as recommended by their membership association.
Taking a car to a mechanic also requires getting an expert opinion. Sometimes knowing what the state of your vehicle is can help you avoid big and expensive problems in the future! If you’re going to see a mechanic about your vehicle, make sure they look for these:
Any kinks or dents in the frame or from undercarriage components like fuel tanks can point to there being some damage previously done and taken care of when repaired by mechanics. Welding on the frame suggests repairs made by welders for damaged sections of a car’s chassis may have been recently replaced.
Fresh undercoating could be hiding recent structural repairs that are not yet visible without cutting into them.
As a potential buyer, you should be allowed to take your potential car for a test drive as long as you leave identification or proof of ownership with the seller. The dealer selling the car may not be willing to lend it out, however, so you could offer to follow them to your mechanic.
Check for any Recalls
Check to see if the car you’re considering has any open recalls. The National Highway Traffic Safety Administration has a searchable database of recall notices. Request documentation on any recalls performed on the vehicle you want to buy and also request that the seller confirm whether or not they were done.
If your potential purchase has an un-performed recall, it’s extremely important that you take care of it immediately as all automakers are required to perform this service at no charge regardless of the age of the vehicle or how long ago the recall notice was issued.
A used car can be a great choice for many people. However, if you don’t know what you’re doing, it can be a bad decision that ends with you stuck with a lemon. You don’t want to get stuck with a lemon, so it’s best to make sure that you know what you are doing when you are shopping around. McMillan Law Group can help you explore your choices if you are stuck with a used vehicle.
You may have just bought a car that you thought was perfect for you. You’ve driven it around town a few times, and everything seemed fine. Then one day, the car just wouldn’t start. As you find issues in the vehicle, you may have an issue that may deem the vehicle a lemon. (more…)
The process of filing a California lemon law claim can be daunting for many people. You have to show that your vehicle meets your state’s standards for being a lemon, and you also have to take on big corporations with almost endless resources. (more…)
Manufacturers often take action to recall cars when they make a mistake across many, often thousands of vehicles. It’s taken as a sign that the manufacturer takes quality seriously. The National Highway Traffic Safety Administration (NHTSA) requires car makers to issue these recalls when they discover a defective safety/engineering flaw that could lead to a serious accident, such as faulty airbags. The recalled cars are supposed to be repaired at a dealership or repair shop.
Although car repairs are typically effective, this is not always the case. A class-action lawsuit has been filed against Hyundai, as many recently recalled and repaired cars have not been fixed properly, leaving drivers at risk. Here is what you should know about the allegations against Hyundai, what it could mean for you, and how to determine if your recalled car qualifies for a lemon law claim with the help of our California lemon law lawyer.
Background of the Case
In May 2017, a group of plaintiffs filed a class-action lawsuit against Hyundai and Kia, alleging that the carmakers were aware of engine defects but failed to disclose this information. The National Highway Traffic Safety Administration opened an investigation into the matter that same month. They were particularly interested in Hyundai and Kia’s handling of their 1.6 million vehicle recall to fix a defect. In fact, the companies initiated five similar recalls as far back as 2015.
As the number of engine fires related to certain models of cars increased, more and more people filed class-action lawsuits. In August 2018, the U.S. District Court for California’s Central District ordered that all of these cases be consolidated into one multidistrict litigation (MDL). This MDL was in 2019. It is important to understand the difference between MDLs and class action lawsuits. In a class action, all of the plaintiffs are grouped together and their cases are handled as one. However, in an MDL, each lawsuit remains separate. This can be beneficial because it allows for consistent outcomes across similar cases.
Vehicles Affected in the Case
Hyundai vehicles that come equipped with Theta II 2-liter or 2.4-liter gasoline direct injection engines may be affected by certain issues. This includes models such as the 2011-2018 Sonata, 2013-2018 Santa Fe Sport, and 2014-2015, 2018 Tucson. If you own one of these vehicles, it’s important to be aware of the potential problems so you can take appropriate action.
Vehicles covered by Kia include the Optima, Sorento, and Sportage from 2011 to 2018. Certain 2019 models of these six types may also be included, depending on when they were manufactured. Those made before the implementation of knock sensor detection system technology are more likely to be included.
What is an Adequate Repair in California?
If your Hyundai or Kia needs repairs, you may be wondering if it meets the requirements for a lemon law claim. The definition of an adequate repair is important to understand, as it can help determine whether you are eligible for a refund or replacement from the manufacturer. If your car is still under warranty and has not been properly repaired for manufacturing defects, you may be entitled to a refund or replacement.
The definition of a good repair, however, is simpler than you might think. In California, an adequate repair must follow these criteria:
Vehicles Must Not Have a Problem
A vehicle is only considered to be repaired properly if the issue that needed fixing is no longer present. This can be difficult to determine, however, especially if you’re not an experienced mechanic. It may not be clear whether the manufacturer’s mechanics actually fixed a subtle issue like a faulty ABS module.
If you’re going to get your car repaired, be sure to keep all the documentation. The receipt and explanation of the repairs will come in handy if it turns out the issue wasn’t actually fixed. This way, you can force the manufacturer to honor the warranty, even if it’s technically expired. They didn’t successfully repair it the first time, after all.
The Vehicle Should be Fixed in Reasonable Number of Attempts
If your car needs repairs, you want the manufacturer to get it right the first time. Unfortunately, California lemon law allows manufacturers multiple attempts at repairs, which can
be costly and time-consuming for consumers. To avoid this, make sure you know your rights and understand the law before getting your car repaired.
Manufacturers are allowed four attempts to fix non-conformity issues with cars that have a low risk of causing serious injuries. The vehicle may be a lemon if the manufacturer didn’t actually resolve the problem after four attempts by in-house mechanics.
If an issue is serious, the manufacturer can only try to fix the problem twice. For example, if there’s a fire risk in your car then you could get injured. These issues need to be fixed as soon as possible.
The Vehicle Should Not Be in the Repair Shop For More than 30 Days
The number of repair attempts is not the only thing to consider when assessing a car. In California, state law also dictates that owners should not have to wait more than 30 days or go over 18,000 miles before they are automatically entitled to direct repairs by the manufacturer.
Manufacturers should prioritize these fixes. Furthermore, the law states that someone buying a brand-new car has the right and expectation that they can use it, meaning that excessive time in the shop violates their rights. You could have a lemon vehicle even if it doesn’t seem to have any of the classic signs. Any time it’s been in the shop for more than 30 days could potentially be a sign that there are larger issues.
Regardless of the outcome of this class action lawsuit against Hyundai, it does show the need for Hyundai and Kia owners to pay attention to their cars’ safety. If you think your vehicle has a manufacturing error and Hyundai hasn’t properly fixed it, contact them. You can also contact our lemon law lawyer in California and know if there are any chances of relief.
