It is always an exciting time when you buy yourself a brand-new vehicle, and the last thing that you want to know after buying your new vehicle is that it is a lemon. However, in care this happens, there are federal and state laws that prevent auto manufacturers to refund or replace your vehicle if it isn’t fixed in a reasonable amount of time.
If you have a bad experience with your dealership and manufacturer, you can do these following things to get out of it also sometimes with the help of lemon law attorney San Diego CA:
What Qualifies as a Lemon Vehicle?
A vehicle is considered a lemon if it meets the following under 18 months of purchase or prior to driving 18,000 miles, whichever comes first.
Substantial Defect
A ‘substantial defect’ is usually something that will affect the functioning of the vehicle such as:
- Faulty Brakes
- Seatbelt Broken
- Faulty Steering
If the defect appeared under warranty and can be traced back to the manufacturer then you have a legitimate case. If it happens because of owner negligence it won’t be counted as a substantial defect.
Reasonable Number of Repairs
When you get to know about the defect, the manufacturer has to give you a reasonable number of repairs. Depending on the issue, the manufacturer will be given a number of repairs ranging from 1 to 4 under a 12-month period. If the issue is still not resolved, then your vehicle may qualify as a lemon.
What are the Lemon Laws for Vehicles?
Title 15 Chapter 50 of the U.S. Code, in Sections 2301-2312 covers the federal lemon law. The law, also known as Magnuson Moss Warranty Federal Trade Commission Improvements Act, covers regulation for consumer products under a written warranty.
Section 2304(a)(1): “If the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be).”
If a manufacturer fails to repair or fix the problem at hand then you are eligible for a replacement or your money back. These laws apply for used vehicles too. Many states have their own lemon laws which complement the federal laws and can vary state to state.
Fixing Your Lemon Vehicle Problem
Providing a Ton of Paperwork
Keeping all paperwork is definitely good practice. If you want to prove that your car is a lemon, then you will have to provide all the paperwork after you bought the car which includes – receipts, service records, work order and any repairs done on the car. Lemon law California attorneys recommend that you record all meetings done between the parties. You can also check if other vehicle owners have the same issue that you have. You can do this by going to the National Highway Traffic Safety Administration (NHTSA) and get your information there.
Hiring a Lemon Law Attorney
You can solve the problem beforehand by sending the manufacturer and the dealership a formal letter and if it is rejected then you can decide if you need to go through an arbitration process. It is an informal dispute resolution program which is set by the Magnuson Moss Act and can be helpful if the manufacturer agrees to your demands. You can find the best lemon law attorney San Diego in your area to get going soon.
If the arbitration program doesn’t look fair to either parties then the arbitration is void and then you can go to court with your case. This is when the lemon law attorney San Diego comes in. If you have a legitimate case and have very high chances of winning, you won’t have to pay a penny to the lawyer as the manufacturer will pay their fees. You can get either the replacement vehicle or your refund.
Conclusion
If your dealership has sold you a lemon then it is recommended that you hire a lemon law attorney and make things easier for yourself and get the most out of your claim. A good lemon law attorney will prove to be the best choice that you make for your lemon vehicle case.
