If you’ve just bought a new car, then it should be a big and exciting day for you. Maybe you’ve just got the car of your dreams which you’ve saved up for years to buy, and it’s finally yours! You’ve been looking forward to this day for months or even years, and now it’s here. You have the keys and drive away with your brand-new car.
However, something seems to be off with your new vehicle. Maybe it develops a handful of different problems almost immediately that stop it from functioning properly, or you have a recurring issue with the car that doesn’t stay fixed for long. You get it fixed, but the problem comes back, or something else crops up. These issues force you to take your car back for repairs again and again, and you can’t even drive your new car for days or weeks at a time. If this describes your situation, then you may have bought a ‘lemon.‘
In a worst-case scenario, your new lemon might never be very functional. Fortunately, there are laws in place to protect consumers from situations like these, as well as the consequences. While there are certain manufacturing standards that manufacturers in the USA have to adhere to, these standards are not met 100% of the time. If your new vehicle doesn’t conform to these standards, then it is considered to be a lemon under certain circumstances, and it should be covered by the Lemon Law in CA, as well as at a federal level.
If your vehicle is a lemon, then the Lemon Law states that you are eligible for compensation or a replacement. In some states, a Lemon Law presumption states certain criteria where a court presumes your vehicle is a lemon. However, this isn’t automatic. You need to meet certain criteria, and you also need to file a case at the relevant court for the Lemon Law presumption to come into play. This article covers the Lemon Law in CA and at a federal level, the criteria you need to meet to be eligible for compensation, and other elements of the Lemon Law- namely, the Lemon Law presumption.
Long Beach in California is a fantastic place to be a car owner or enthusiast. Car dealerships around the city have a fantastic variety of manufacturers and models of cars, meaning you can get just about any type of car here. However, if you’ve purchased a lemon, it’s also a great place to get legal assistance, thanks to the high-quality attorneys who work in the city.
Federal Lemon Law Requirements
There are Lemon Laws at a federal and state level. Federal law is a law that is valid in the whole country, and the federal Lemon Law makes up the basis for Lemon Laws at a state level in the USA. The federal Lemon Law has a few stipulations that need to be met before your car can be covered under the Lemon Law in the USA. Just because you’ve bought a car recently which isn’t working properly, doesn’t necessarily mean that you’re going to be covered by the Lemon Law.
A Reasonable Number of Repair Attempts by the Manufacturer
One of the most important parts of the Lemon Law is that you have tried to get your car repaired by the manufacturer a reasonable number of times, for example. If your new car has broken down or isn’t working properly, this doesn’t automatically mean that you can get it covered under the Lemon Law. Generally speaking, your manufacturer has to have tried to repair the vehicle at least three or four times before it can be considered a lemon.
It’s important to note here that the manufacturer has to have made the repair attempts, and not a third party. The Lemon Law works to protect consumers from faulty manufacturing standards. Therefore, if you get your vehicle fixed by a third party, the manufacturer cannot be held responsible for their work, no matter how poor-quality it might be.
Your Vehicle Must be Under Warranty
Another requirement of the Lemon Law is that the attempts to fix your vehicle were made within the first or second year of you owning the car. This doesn’t necessarily mean that the car has to be new, but repair attempts by the manufacturer have to happen within this window for your car to be covered under the Lemon Law.
This doesn’t always mean that your vehicle has to be under warranty for the entire period that you are having issues with your vehicle, though. If your warranty has expired but you’re having ongoing problems with a vehicle you purchased recently, you may still be covered by the Lemon Law. The important thing is that the manufacturer made at least the first repair attempt while the vehicle was still under warranty. If this is the case, and you still meet the other requirements, then you may be eligible for compensation under the Lemon Law in California.
Repairs Have Been Disruptive
Another requirement of the Lemon Law is that the repairs on your car have been significantly disruptive. You should be able to show that the repair work on your car has meant that you have been unable to use your car for a period of at least 30 days. It’s not a requirement that this be a single period of 30 days, or that the 30 days are consecutive.
The California Lemon Law, Explained
In addition to the above stipulations, the California Lemon Law explains the types of vehicle that are covered and the circumstances under which a vehicle can be covered by the Lemon Law.
First and foremost, the vehicle should have been purchased for the purpose of personal or household use and/or pleasure. However, if you have bought the vehicle for business purposes, then it may also be covered under the Lemon Law. A vehicle purchased for the purpose of business can be covered if it weighs less than 10,000 pounds if it is registered at an address where a minimum of one and a maximum of five vehicles are registered in, as long as the address is in the state of California.
In addition, the vehicle must have been purchased or leased at a retailer in California. One exception to this is if the vehicle was purchased or leased by a member of the US Armed Forces, who was or is stationed in California at the time of purchase or when filing the claim.
Practical Advice for Lemon Law Claims
If you are going to make a claim under California’s Lemon Law, then there are some things you can do to make the process easier for yourself. First and foremost, you should only take your vehicle to the dealership itself for repairs. If you take the vehicle to a third party, then the manufacturer cannot be held responsible for its work.
Also, you should keep detailed records of all repair work that the manufacturer performs on your car. If you file a Lemon Law claim, then you need to be able to prove that the manufacturer has attempted to repair your car a reasonable number of times within a certain period.
Finally, if you’re based in Long Beach, CA, you should consider working with a local attorney who specializes in Lemon Law cases. The court system in California can be difficult to navigate, and working with an attorney can make everything much easier for you. In addition, an experienced attorney should know how to prepare a successful case, as well as consulting with you to see how likely your case is to succeed. Your attorney can also ensure that your case meets the requirements for coverage under the California Lemon Law.
What About the Lemon Law Presumption?
In the state of California, there are certain circumstances where a vehicle is automatically considered to be a lemon. If this is the case, then the owner is automatically eligible for compensation, either in the form of a refund or replacement vehicle.
What is a Legal Presumption, Anyway?
A legal ‘presumption’ means that a court is allowed to believe that something is true based on the evidence that it receives. A legal presumption can be made in conjunction with relevant laws, logic, the available facts, and any relevant rights. Legal presumptions exist to ensure continuity in the legal system. If a legal presumption is relevant in your case, it means there is an established good practice for the courts to follow. This means you have some idea of what to expect for your case, based on the legal presumption and the criteria it stipulates. Many states in the USA have certain criteria for a Lemon Law presumption.
The Lemon Law Presumption in California
Many states have a Lemon Law presumption to protect consumers from poor manufacturing. The requirements of a Lemon Law presumption vary from state to state. In California, for a vehicle to be presumed to be a lemon, it needs to develop certain issues before the owner has owned it for 18 months, or 18,000 miles have been driven. For example, if you have owned your car for less than 18 months or 18,000 miles of use and you need to take your car for repairs, then it might be covered under the Lemon Law.
Before 18 months or 18,000 miles of use, your car might be a lemon under the Lemon Law presumption, if you have had to take it back to the manufacturer for repairs at least four times. However, this only applies if the defects are not serious or a threat to safety. If the defects in your car have the potential to cause death or serious bodily injury, then you only need to have taken the vehicle to the manufacturer for repairs twice. If the defects in your car can potentially cause death or serious bodily injury, you need to document this as part of your case.
Also, under the Lemon Law presumption, you may be eligible for compensation if your car should has been out of action for at least 30 days due to repair work. You need to be able to prove this to seek compensation under the Lemon Law presumption in California. This is regardless of whether or not the problems with your car may cause serious bodily injury or not. If you want to seek compensation under the Lemon Law presumption in California, you should seek documentation that demonstrates that you haven’t been able to use your vehicle for at least 30 days due to repairs. However, this period doesn’t need to be consecutive for your vehicle to come under the Lemon Law presumption.
Under the Lemon Law presumption, if you haven’t been able to use your vehicle for the aforementioned period, or have had to take it for repairs several times, then a court is going to assume your vehicle is a lemon.
What Can I Do if My Vehicle Does Not Fit the Lemon Law Presumption?
If you don’t meet the criteria for the presumption, this doesn’t mean your case is going to be unsuccessful, or that you have no case. You may still be eligible for compensation from the manufacturer, even if it isn’t under the relevant presumption. For example, if you have had to get your vehicle repaired several times while it was under warranty, you may be covered by the Lemon Law, even though the presumption does not apply in your case. In this context, a presumption simply guarantees when a court is going to consider your vehicle to be a lemon. The best way to know if you may be eligible for compensation is to get in touch with a law firm that specializes in Lemon Law cases.
How Can I File My Lemon Law Claim in Long Beach, CA?
If you’re based in Long Beach, CA, you should contact a local attorney at a law firm that works with Lemon Law cases. Such an attorney can assist you by assessing your case, and seeing whether or not a presumption is valid for you. If your vehicle is covered by the relevant presumption, your attorney can help you prepare your case to file for compensation from the manufacturer.
However, if a presumption isn’t relevant in your case, then an attorney can still help you. Your attorney can assess whether you may or may not be eligible for compensation from the manufacturer. If you aren’t covered by the presumption, then your attorney can help you to prepare a strong case, as well as presenting all the relevant evidence. This is the best way to ensure your case is successful in the court system. Your attorney can file the case on your behalf, as well as advocating on your behalf. If your claim is successful, an attorney can also help you to get the relevant compensation from the manufacturer of your vehicle.
This information is hopefully going to help you in your Lemon Law case. As mentioned above, working with an experienced attorney is always the best way to ensure the success of your claim. By working with an attorney, you can remove a lot of the stress from the process, and give yourself the best chance at getting the compensation you deserve.