Lemon Law Myths
Get the Facts from Our California Lemon Law Lawyer
Consumers, judges, and lawyers often have a mistaken perception of
California's lemon law. Many myths were fostered by a brochure that was circulated by the California's
Department of Consumer Affairs regarding California's lemon law many
years ago. Though well intended, it led many consumers to believe their
rights under the lemon law expired sooner, or the criteria was one thing,
when in fact it was quite another.
Unfortunately some of these misconceptions are still prevalent today. Don't
be misled. Don't rely on the word of some armchair attorney, or unlicensed
professional. And especially do not rely on the dealerships to give you
advice on your consumer rights. If you have a defective vehicle, you need
to learn the truth about your actual rights as a consumer. For answers
to specific questions, speak with our California lemon law attorneys at once.
The Song-Beverly Consumer Warranty Act
The Song-Beverly Consumer Warranty Act is better known as the California
lemon law. This act gives consumers the edge they always needed when facing
big corporations with battalions of attorneys and endless money to defend
them against a lone consumer. The law puts the consumer on equal footing
with the manufacturer so their claim may be heard and justice rendered
where a lemon vehicle has been purchased. The vehicle owner must prove
the defect was substantial and that the manufacturer was given a reasonable
opportunity to repair it.
Pursuing a Refund or Replacement
There is a presumption that a consumer has given the manufacturer a reasonable
opportunity to repair a defect if within the first 18 months and 18,000
miles the same defect has been presented four times, or the vehicle has
been in the shop more than 30 days for a variety of problems. This presumption
gives the consumer an advantage but only when a case goes to trial.
The question of whether the manufacturer has been given a reasonable number
of repair attempts for a significant defect is the primary question for
the judge or jury in determining whether the consumer is entitled to a
refund or replacement. A jury can find that a reasonable number of repair
attempts took place, even if there have been less than four.
At Norman Taylor & Associates, one of our goals is to educate the public
on vehicle consumers' rights as they relate to defective cars, motor
homes, and parts. Our principle objective is to make satisfactory recoveries
for our clients.
Contact us today to find out more about how you might recover damages for your lemon.