The manufacturers will often try to make the lemon law attorney seem like the bad guy. It’s important to remember that good lemon law lawyers are only after the manufacturer’s money, not yours. If you have any suspicion that your vehicle might be a lemon, you should seek out an attorney to help you with your case.
Filing a California lemon law claim can be a daunting process. You not only have to prove that your car meets state law’s requirements for a lemon, but you also have to go up against large companies with almost unlimited resources.
When it comes to claiming that a vehicle is defective, manufacturers are often not very cooperative. They may even fight back against your claim. So, if you’re thinking about filing a claim, it’s important to know what you’re up against before going head-to-head with the manufacturer’s defense lawyers. Here are some things to keep in mind:
Manufacturers in California can mount a number of defenses when faced with a lemon law claim. These include showing that the consumer did not use the vehicle properly, or that any issues or defects caused by the consumer were caused by their own negligence. Manufacturers can also claim that the customer did not give them a fair chance to repair the vehicle, or that the vehicle’s warranty did not cover the problems. Ultimately, it is up to the consumer to provide evidence and demonstrate that their vehicle qualifies as a lemon under California’s lemon law.
Introduction to California’s Lemon Law
California’s Lemon Law is designed to protect consumers who purchase or lease a new motor vehicle or motor home that does not meet the express warranty of the manufacturer. The law allows consumers to buy back or replace a vehicle if it has a defect that does not meet the manufacturer’s warranty.
Additionally, the law applies to any vehicle purchased or leased from a licensed California dealer that is still under the manufacturer’s warranty. If the manufacturer does not repair or replace the vehicle, the consumer may be entitled to a full refund of the purchase price or a replacement vehicle. The Lemon Law also permits consumers to be reimbursed for their legal fees, repair costs, and other related expenses. Consumers should consult an experienced Lemon Law attorney to ensure their rights are fully protected.
Types of Manufacturer Defenses
California car dealers that find themselves at the receiving end of a customer’s lemon law claim should know that they have options to defend against such a claim, with the help of an experienced business litigation attorney.The first step is to understand what the customer is alleging and investigate the vehicle and purchase history to see if the claim is true. If the court finds that there is no merit, they can provide evidence to disprove the customer’s allegations. If the dealership finds that there may be some validity to the claim, they can attempt to resolve the issue without going to court by contacting the vehicle’s manufacturer.
Auto dealerships often rely on their reputations to keep their businesses afloat, particularly during difficult economic times. That is why it is so important for dealerships to defend themselves against customer claims. Here are some of the most common lemon law defenses used by attorneys specializing in auto dealership law:
If you are facing a lemon law claim, you should consult with an experienced attorney to find out what defenses are available to you.
The Reasonable Number of Repair Attempts Defense
The lemon law is a consumer protection law. It says that a company must replace or refund a product if it can not be fixed after a certain number of tries. Although California has set a standard for how many repairs attempts a person should make, in many cases, it takes more than one attempt to fix the problem.
If you think you have a lemon, it’s important to document each repair attempt, so you can show after a reasonable number of tries that the manufacturer didn’t fix the problem.
The Consumer Abuse and Misuse Defense
The California lemon law does not cover a defect caused by the “unauthorized or unreasonable use” of the vehicle.
These defenses are not exhaustive. Other defenses may be available as well, depending on the circumstances.
The Implied Warranty of Merchantability Defense
The warranty must have expired four years before the consumer can assert a claim under the lemon law – not from when the vehicle qualified as a lemon.
In conclusion, a manufacturer in California may use a variety of defenses if sued under a lemon law. They may argue that the problem was caused by an owner’s misuse or modification, or that the owner failed to notify the manufacturer of the defect in a timely manner. Additionally, they may claim that the car was not substantially impaired by the defect or that the owner accepted compensation. Ultimately, the outcome of any lemon law case will depend on the specific facts of the case and the skill of the attorneys on both sides.