California Lemon Law
Having always been an auto enthusiast. Seeking work in the space of California Lemon Law was a natural transition for Mr. McMillan. His experience and approach to this practice has allowed him to establish contacts with major law firms who represent the manufacturers as well as contacts at local dealerships.
Where other firms seek to draw out litigation to increase their fee awards, Mr. McMillan understands that your need for a replacement vehicle is urgent and thus seeks early resolution. All of our Lemon Law Cases are filed in Federal District Court under both the California Beverly Song Act, and the Federal Magnusson Moss Act. Such facilitates early resolution.
The California Lemon law in essence provides as follows:
If a consumer purchases a new or warranted (Certified Pre-Owned Vehicle), and said vehicle has an issue:
The manufacturer and their authorized dealer are allowed two attempts to remedy the issue. If they are unable to, you have a lemon.
As well, if the vehicle is out of service for 30 days or more, regardless whether or not it is a repeated issue, you have a lemon.
In either case, the consumer has two remedies:
- A replacement vehicle from the manufacturer under the same terms, or
- A refund of all sums paid (less a mileage deduction), payoff of any existing liens.
In either case, the law provides for reasonable attorney’s fees to be paid by the manufacturer. This means you pay nothing.
All of the firm’s Lemon Law Cases are filed in Federal District Court under the California Song Beverly Act and the Federal Magnusson Moss Act. Filing in Federal Court forces an Early Neutral Evaluation by a Federal Magistrate Judge. Such fosters early resolution.
Mr. McMillan’s approach to litigation is that of civil cooperation
Such means that he is often already on a first name basis with opposing counsel and local car dealerships. This results in expedient resolution of your claims, and Mr. McMillan is often able to reach out to contacts at dealerships to get you the best deal on the replacement vehicle.
An Impeccable Reputation
Mr. McMillan feels that his online reviews for his work in this space as a reputed lemon law attorneys speak for themselves. While the majority of the clients who hire the McMillan Law Group are referrals from past clients, the firm welcomes those who found him independently on the internet.
The firm will handle no more than three such cases per month
In order to provide the personal attention that Mr. McMillan prefers, this is the maximum number of Lemon Law cases the firm will accept.
What is the Automobile Lemon Law in California?
The Automobile Lemon Law in California is a law that allows consumers to get their vehicles fixed or replaced with new ones if they experience major problems with them within the first 12,000 miles. Additionally, the law provides for a waiver of some fees if the car has been used for business purposes.
Customers who have unknowingly purchased a defective vehicle are entitled to a refund or a replacement vehicle from the auto manufacturer.
Is your vehicle protected under this law?
What defines a lemon? Your car may be a lemon if it meets the following criteria:
- You purchased or leased a new car or used car from a dealer in California.
- The dealer has made multiple attempts to repair the car, but the problem persists.
- During the factory warranty’s duration, you brought the car to the dealership several times for the same problem.
- The problem has become so significant that it impacts vehicles’ use, value, or safety.
How Does the Lemon Law Work for Cars?
When you identify all the facets involved with the Lemon law, then you’ll have a complete understanding of the regulations surrounding them. Nevertheless, once you know the general requirements by which you can find a lemon car, you will have to work to clarify the legal terminology.
Below are a few of the conditions that will cause a car to be considered a lemon.
The owner takes a car with a defect to a repair shop, and the mechanic fails to repair the defect after three attempts. In other words, if the owner of a damaged vehicle has taken it to a repair shop. Should the dealer fail to respond to the complaint after three attempts, the lemon may be worth reconsidering.
The second guideline states that if an automobile has not been getting repair work for more than thirty days, then it can officially be regarded as a lemon – and it’s time to talk to a lemon law attorney.
When you can properly and lawfully determine whether a used or new car is a lemon, this means the dealer must give you your money back for the automobile. For that to occur, you will likely need to bring a lemon law case with the help of a lawyer.
However, any car that is covered by the manufacturer’s warranty is exempt from the requirements of the Lemon law.
When to Hire a Lemon Lawyer in California?
When you are considering whether to hire representation service from a lemon law lawyer in California, it’s important to understand the different types of lemon law claims that can be made for settlements. Additionally, it’s important to know when a lemon law claim is likely to succeed, and when it may be more difficult to win a class-action lawsuit. With these factors in mind, you can make an informed decision about whether to consult a lemon law lawyer and also if you need arbitration.
Vehicle manufacturers have sizable law teams dedicated to reducing litigation expenses as much as they can. If you have a faulty automobile, truck, or SUV, they are able to offer you a settlement or buy-back offer that is not cognizant of the difficulties you have had to go through getting it repaired.
It’s time to talk to a Lemon Lawyer
If you have made multiple attempts at getting repairs for the same issue, it might be a good idea to talk to a lemon law lawyer in California who can help you determine what documentation you will need for your repairs as well as any receipts.
5 Things To Ask Your Lemon Law Lawyer
A lemon law lawyer can be an asset if you have purchased a car that turns out to be a lemon. Lemon is a car that has serious defects that are not repaired by the manufacturer after a reasonable number of attempts. Many states have their own lemon laws, so it is important to find a lemon law lawyer.
It isn’t necessarily simple to find the perfect lawyer for lemon instances. Although there are many lawyers focusing on lemon law, not all are experienced professionals within just their areas of law.You will need to determine whether your lemon law attorney is right for your situation. You should ask about the attorney’s experience and whether they have the necessary qualifications to represent you in court.
If you want to make a valid lemon law claim, it’s crucial to speak with a lemon law attorney in the area in which you live.
Here are five things that you should ask your lemon law lawyer:
What Experience Do You Have?
Lawyers’ previous experience enables them to go about solving legal problems with effective techniques. The higher the degree of specialization that the attorney has, the better they are able to discuss your particular case. A perfect attorney with much experience is the best way to handle such a challenge.
Make sure that you only hire the services of a lawyer who’s qualified and well-trained. To make sure that you hire a reliable lawyer, you should access their past cases to see how experienced they are. You should also look at the number of years of experience they have had practicing law.
What is Your Approach to Resolving a Case?
As a rule, it is troublesome and complex to resolve a legal case via a lengthy court process. The main process preferred by attorneys is resolving legal challenges that their clients may have had. The very best attorneys advocate favorably and could also deal with the court process. You must select an attorney who makes use of a mediation process when possible.
Do You Work Individually or as a Team?
Depending on the legal matter, it can be challenging to choose a lawyer who is proficient in the field. Because lawyers generally work together as a unit with individuals in other fields.
Examine your prospective lawyer’s services to find out whether they base their operations alone or with the help of other professionals. This enhances your chances of having the issue resolved to your satisfaction.Legal issues can be dealt with by a lawyer’s team in a cost-effective method since specialists and professionals working for the very same attorney price quote lower expenses to the client.
How much will it cost me?
Lemon attorneys and legal advisers set diverse fees for their services. There are those who offer services quickly and at low cost, while others are more costly for most clients.
Because lemon attorneys are highly variable, it’s advisable to discover while hiring them the total cost of their services. This reduces your probability of over-spending, even in situations when you have little budgetary resources.
How Long Will it Take to Resolve the Case?
It is likely to be hard to predict the time of the legal problem if you are going through a civil trial. Experienced attorneys can offer an approximation of how long it will take for the legal process to resolve if you are dealing with a court case.The help of having a time estimate is that it enables you to plan your days effectively, even when you have a busy daily life.
Some ways to ensure a faster turnaround for your case include the following:
- Keep accurate repair records.
- File a Lemon law claim as soon as possible following three failed repair attempts for a non-safety-related defect, or following one unsuccessful repair of a safety defect, and after providing written notice to the manufacturer. Written notice means writing a letter to the manufacturer, not an email.
- Hire an experienced Lemon Law attorney.
Sometimes, these questions turn out to hold the most revealing information about your lawyer or the law firm. These questions also help you see how useful the lawyer’s input will be toward the issue you have to resolve.
To summarize, if you’re injured by a lemon law violation and are looking for an attorney, meeting with an attorney specializing in lemon law is highly recommended. A lawyer who specializes in lemon law can help you understand your legal options and protect your interests.