Lemon Law Attorneys In Fremont
We understand the situation you are in and that is why Braff Injury Law Group is one of the best team of lawyers to consult when you leased/purchased a vehicle that has irreparable issues and defects. As per the lemon Laws in California, you can seek justice and get a refund or a replacement vehicle, if the defect was due to the manufacturer’s fault.
Known as Song-Beverly Consumer Warranty Act, the Lemon law is found in California Civil Code Sections 1790 through 1797. It helps consumers to get replacement or reimbursement of the purchase price for vehicles, which remain defective and fail to repair within reasonable attempts.
Then you have federal “lemon law” also called Magnuson-Moss Warranty Act, much like the California law. The Braff Injury Law Group understands that any one of the laws can be applied under the legal ambit, if you end up spending money on a vehicle yet have a lemon on your hands.
How Does It Work?
Through this law, consumers can get replacement or reimbursement of the purchased cost of the vehicle, if the manufacturer cannot get the issues repaired within the stipulated attempts.
Under the Lemon law, a manufacturer is responsible for vehicles that have serious issues or defects which are difficult to repair. They are responsible to refund the consumers or replace a defective vehicle if it continues to have the same problem or to malfunction despite multiple attempts at repair.
The Braff Injury Law Group recommends that a certified pre-owned vehicle can be purchased from a dealer and this type of vehicle is covered by Lemon law. It is prudent to evaluate the validity of all warranty documents when buying a pre-owned vehicle.
Can You Apply Lemon Law Rules to Minor Defects?
The minor inconveniences like static on the radio and minor dents won’t get covered under the lemon law. The juries will award damages to the plaintiff for serious issues like engine function, brakes, transmission, water leaking, and more.
The Ambit of Lemon Laws
Our Lemon law attorneys in Fremont understand that many auto manufacturers falsely claim that consumers cannot opt for filing a claim under lemon laws, unless they have four repair attempts of the same issue, within the first 18,000 miles. It is factually incorrect.
The correct standard is related to the consumer giving the manufacturer enough opportunity to repair the vehicle within warranty time. It will involve over one repair attempt. Now “within warranty period” means the manufacturer must repair the vehicle within the given warranty time. If they fail to do so, then your vehicle is labeled as a lemon.
If the manufacturer fails to fix the issue and you notify them in writing within 60 days after the last failure about the repair, then the warranty won’t expire.
Then you have “lemon law presumption.” Here, it needs a minimum of 4 repair attempts within the first 18,000 miles. It is a legal presumption that affects the proof in a lemon law lawsuit. Normally, it is the plaintiff bearing the burden. But, if the consumer proves that he/she has brought the vehicle for repair for the same defects 4 times within the first 18,000 miles, then the burden of proof is on the manufacturer.
Furthermore, if the car has a defect that can cause serious bodily injuries, and the consumer has made more than 2 attempts to repair it within the logged in 18,000 miles on the odometer, and notified the manufacturer directly about it, then the burden of proof is on the manufacturer. Allow us to help you get justice and get compensated for the lemon on your hands.
We have helped innumerable residents and businesses in Fremont get the desired refund or replacement as lemon law claims are filed, negotiated, or litigated. Attorneys at the Braff Injury Law Group, are oftentimes asked questions as consumers are confused and frustrated, so here is a quick look at some of the.
No. The lawyers will handle the case on your behalf by following contingency formation. So, the lawyers will get paid only if you win the case against the manufacturer. It is from the manufacturer’s money that the lawyer will get paid.
Yes. The difference is that the plaintiff’s damages get calculated as per obligations under the lease and not as obligations under the purchase contract.
Yes, but only if the vehicle is covered by warranty. It is then that the consumer can bring a lemon law claim against the automobile manufacturer or dealer, much like if the vehicle was brand new.
No. For lemon law, there needs to be a warranty. When a consumer purchases an “as is” vehicle, he is disclaiming a warranty. But the consumer might have a fraud claim. Furthermore, if the dealer fails to comply with the law of conspicuously disclosing “as is” terms, then the consumers can have a lemon law claim.
Most of the time, the answer is no. However, you have an exception where a defect arises within the warranty and is not fixed during that time. The consumer has sent written notice within 60 days of the last unsuccessful repair attempt. At that time, the warranty gets extended.
Yes. In 1998, California Court has ruled that a service contract presents consumers with the lemon law rights.
Yes. We have handled similar such cases beforehand and will do it for you.
Some of the common situations are engine dying complaints, transmission failures, ABS brake failures, onboard computer malfunctions, and more.
For more information about our legal service or to schedule an appointment with our expert lemon law attorneys, call the Braff Injury Law Group today.
Let the Braff Injury Law Group get you the compensation you deserve and ensure your rights are protected. Call us today.
Consultation Office (Call for an appointment)
3201 Skyway Ct, Suite 155
Fremont, CA 94539