The lemon law process sounds pretty simple on the surface. But there are a lot of pitfalls that could make your case harder to prove in court, and it’s no surprise that car manufacturers will do all they can to avoid having their faulty product fixed or replaced by an expensive new one.
In the event that you find yourself in a situation where your new vehicle is not operating properly, it is best to consult with an experienced San Diego lemon lawyer. Not only will they be able to guide you through this process and get things taken care of quickly, but they can help maximize what may ultimately result from returning the car for repair or opting out of ownership status altogether.
In this post, we’ll go over some big mistakes that could cost you a lot of money when it comes to buybacks:
Finding the Proper Lemon Lawyer San Diego
The right lemon law attorney can make all the difference during a process that is your first brush with civil litigation. Lemon laws are complicated, and many attorneys don’t have experience in this area, so it’s important to do research beforehand on which ones might be best for you.
When you’re looking for a lemon law lawyer in San Diego, there are red flags that should make you think twice. There’s no shortage of them:
If The Lawyer Is Not Specialized in Lemon Law
Lemon law exists across the entire country, but not all states have the same details. California’s lemon laws are more detailed than other state’s and you need a seasoned attorney who knows them backward and forwards to protect your rights from big auto companies with plenty of resources at their disposal. If you are looking to get a lemon buyback in California, make sure that the law firm is not advertising anything else other than lemon law services.
If They are a Large Firm
Large firms charge exorbitant prices and have lower customer satisfaction rates. They’re usually not the best choice, often advertising specific lemon law San Diego services while being cut-throat with subpar service models based on client volume.
There are many cases where the manufacturer offers low ball cash settlements instead of full buybacks to consumers and when this happens they get passed off to an assistant or paralegal who ends up not handling them with care as much as their own client would have.
If They Don’t Know Much About the Manufacturer
The attorneys who work in this field are often among the best and most expensive legal minds money can buy. If you wish to successfully navigate through these tough times, it is imperative that your attorney has experience dealing with manufacturers of lemon vehicles before because each one will have a different set of hurdles which must be overcome for victory.
Lawyers Who Ask For a Cut of Your Recovery
In the event of a lemon, it is important to remember that you have not done anything wrong. Sometimes mistakes can happen in production and cause an issue which would be unlikely with another car. If this happens then consumers should never have to pay out-of-pocket costs for justice.
The best lemon law lawyers in California will NOT ask you for a dime out of pocket when they represent your case. They know that if the manufacturer is found guilty and ordered to pay all legal costs and attorney fees involved with the lawsuit, then there would be no need to charge anything from you as well! Additionally, since this puts pressure on them personally – it becomes more likely that their client can get back what was rightfully theirs faster.
Used Vehicle Lemon Law Claims
The lemon law is a tricky thing. In most states, there are no lemon laws for used vehicles but in California this isn’t the case so don’t worry if you purchased your vehicle certified pre-owned as long as it came with an unaltered balance of the manufacturer’s new car warranty and not less than 30 days elapsed after purchase or before 1,000 miles on the odometer have been accrued since its acquisition date.
The dealer warranty should have been displayed on the buyer’s guide when you purchased the used vehicle. If it was not sold with a warranty, that information should be clearly labeled as “sold ‘as is'”. The vehicle being “sold as is” means you may be assuming responsibility for anything wrong with the car. This could mean you lose your legal right to a lemon claim.
It is important to keep in mind that the window to file a claim can be very small. The biggest challenge is simply taking action quickly enough! An experienced lemon law lawyer deals with pre-owned lemons every day and if you have even the slightest hunch your newly purchased vehicle may turn out defective, don’t waste any time getting started on their process.
Gathering Incidental Costs Receipts
The manufacturer is obligated to reimburse you for incidental costs coming from the lemon which are incurred as a result of their failure. This includes damages such as down payment, attorney fees and court cost in addition to loan payments that come from purchasing your vehicle.
Incidental costs include costs such as:
- Costs for Towing
- Hotel Stay
- Hotel Meals
- All Repair Expenses
- Missed Salaries
…and other incidental costs that can occur.
You can never be too careful. It’s important to keep track of all the expenditures related to your lemon purchase for later negotiation with attorneys in a buyback agreement. Losing receipts or not keeping records will lead to you losing a lot of money with your purchase.
With the help of a lemon law lawyer in San Diego, you can find out what your rights are and how to move forward. There is no cost for an initial consultation, so contact McMillan Law Group today if you have been struggling with a new or a used vehicle in California. We will be happy to answer any questions that may arise during our conversation as well as provide additional resources about enforcing your lemon law rights in San Diego CA.