1-800-225-3666
The
California Lemon Law (officially known as the Song-Beverly
Consumer Warranty act, found in California Civil Code
sections 1793.22 et seq.) is a law designed to protect
consumers who purchase or lease warranted cars, trucks,
motorcycles and other motor-driven vehicles. If it is
determined that the auto is a “lemon", the
vehicle's warrantor must repurchase or replace the car,
truck, motorcycle, etc. from the buyer. Generally,
the California Lemon Law applies to vehicles in which the
car dealerships have been unable to repair the car
within the manufacturer’s warranty period after being
given a reasonable number of opportunities to do so.
It
is vitally important to understand that automobile
manufacturers would lead you to believe that you must:
1.
Attend Arbitration on your lemon law matter. FALSE.
California has no Arbitration requirement, and Arbitration
is paid-for by the manufacturer, “loading” the deck
against you. Any outcome of Arbitration can be used by the
manufacturer against the consumer in later legal
proceedings to defend their position.
2.
That the California Lemon Law is limited to 18
months/18,000 miles.
FALSE. Any new our used vehicle that is under a
manufacturer’s new or CPO (Certified Pre-Owned) used car
factory warranty can be a candidate for California lemon
law protection. Many vehicles now have "powertrain"
and CPO warranties of up to 100,000 miles. These vehicles
can easily qualify for California lemon law protection if
their repair histories support.
3.
Call or write to the automobile manufacturer regarding
your vehicle problems. FALSE. There is no requirement in California under our lemon law
statute requiring a consumer to alert the manufacturer by
phone call, email, fax, or any other medium of
communication. The manufacturer is keenly aware of your
vehicle’s repair history as they have computerized
records of all warranty claims made by servicing dealers
for each time your vehicle has been in for warranty
repairs.
California
Lemon Law Statute
California
Civil Code Section 1793.22.
(a)This section shall be known and may be cited as the
Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of
attempts have been made to conform a new motor vehicle to
the applicable express warranties if, within 18 months
from delivery to the buyer or 18,000 miles on the odometer
of the vehicle, whichever occurs first, one or more of the
following occurs:
(1)
The same nonconformity results in a condition that is
likely to cause death or serious bodily injury if the
vehicle is driven and the nonconformity has been subject
to repair two or more times by the manufacturer or its
agents, and the buyer or lessee has at least once directly
notified the manufacturer of the need for the repair of
the nonconformity.
(2)
The same nonconformity has been subject to repair four or
more times by the manufacturer or its agents and the buyer
has at least once directly notified the manufacturer of
the need for the repair of the nonconformity.
(3)
The vehicle is out of service by reason of repair of
non-conformities by the manufacturer or its agents for a
cumulative total of more than 30 calendar days since
delivery of the vehicle to the buyer. The 30-day limit
shall be extended only if repairs cannot be performed due
to conditions beyond the control of the manufacturer or
its agents. The buyer shall be required to directly notify
the manufacturer pursuant to paragraphs (1) and (2) only
if the manufacturer has clearly and conspicuously
disclosed to the buyer, with the warranty or the owner's
manual, the provisions of this section and that of
subdivision (d) of Section 1793.2, including the
requirement that the buyer must notify the manufacturer
directly pursuant to paragraphs (1) and (2). The
notification, if required, shall be sent to the address,
if any, specified clearly and conspicuously by the
manufacturer in the warranty or owner's manual. This
presumption shall be a rebuttable presumption affecting
the burden of proof, and it may be asserted by the buyer
in any civil action, including an action in small claims
court, or other formal or informal proceeding.
Definitions.
A
“vehicle repurchase” means that you get a
refund of the monies your have expended to buy or lease
the vehicle. Down-payment, monthly payments, license fees,
rental car and towing expenses. Also your loan or lease
will be paid off in-full by the manufacturer. The
manufacturer will get a deduction under the California
lemon law for some of your use of the vehicle, however,
only for the use before the vehicle became a lemon (We
will calculate that for you.)
A “vehicle replacement” It means that you
receive the same vehicle you currently own/lease except
that it will be a brand new one in the current model year.
Your present loan (or lease) stays in place (subject to
financial institution approval) and you simply continue to
make the same loan (or lease) payment on the new vehicle
as you did on the “lemon” vehicle. Your only expense
(if any) is a payment for the use of your vehicle before
it became a lemon.
“How do I know if I qualify?” “How do I know
if I have a California lemon law case?” This is the most
important part of your choice of lemon law lawyer firm. We
know what makes up a California lemon law case against the
automobile manufacturer by our experience in
settling/winning thousands of lemon law cases over 35
years.
Do
You Qualify?
Would you like to know if you have a lemon law case?
Need an answer quick? Call us right now at 1-800-CA-LEMON
(1-800-225-3666). You won’t have to wait days for an
answer. You only have to provide us with the information
we need by fax or e-mail today - and you will know if you
have a pursuable case within 24 hours!
Would you like to have your potential lemon law case
assessed on-line? Use the convenient “free on-line
case review” link to the left of this text. We will
respond back to you within 24 hours.
You will be pleased to know that under our California
Lemon Law, the auto manufacturer is required to pay our
billed attorney’s fees and costs in your case. The
attorney can also recover costs of the California lemon
law case/claim.
“Do I have to go to court?” With our firm (as
opposed to many other law firms), going to court is rarely
required. Out of every 1,000 cases we settle without ever
having to see a courtroom, less than 3 will require going
to court to enforce our clients California lemon law
rights. We go the mile – and beyond – to enforce our
clients California lemon law rights.
“There are literally dozens of lemon law firms
advertising on the internet, how do I choose the right
one?”
Answer?
- You utilize the legal services of the largest
lemon law firm in the state of California – Us!
“How long does it take for the manufacturer to agree
to settle the lemon law case?” Many of our
California lemon law cases settle in just 7-10 days. The
majority settle in 30-45 days. Some will require longer
periods of time to convince the manufacturer (sometimes
employing a lawsuit) to settle the case on the offending
vehicle. In these instances our experience on seeing the
case through is vitally important to you the consumer. No
one wants their case to be “dropped” by their lawyer
part-way through a case just because the filing of a
lawsuit is required. We will see your case through to
it’s best conclusion.
“I may want to speak directly with the lemon law
lawyer face-to-face. Can I do this?” “Can I get
a free consultation?” Absolutely! Our firm has
offices in key cities throughout California, and we meet
clients to discuss their potential California lemon law
case on an appointment basis. You may also choose to have
us handle everything over the phone after we have reviewed
your faxed-in (or e-mailed) documents, as thousands of our
clients have over the past 35 years. The choice is always
yours!
“I don’t want to front any money, nor be
responsible to pay attorney’s fees if my case isn’t
won. How do you address this?” When you choose
California’s largest lemon law firm, there is no money
up front, no up-front retainer checks written, no money
due during the duration of your case, and no attorney’s
fees responsibility if we are unable to recover for you in
your lemon law case. When you choose the largest lemon law
firm in the state, you don’t have to take risks.
Need more information about filing a California Lemon
Law Case? Please “click” on the topics on the left
side of this web page, or simply call us. Calling our law
firm will introduce you to a level of personalized and
professional service you will welcome. We know ending up
with a lemon vehicle is both frustrating and
time-consuming. It’s time to have the lemon law experts
step in.
Call 1-858-342-0073 or email the Lemon Law Auto Expert, Randy Sottile, about your vehicle problems/issues!
The
Law Offices of William R. McGee
California's
Largest Lemon Law FirmSM
San Francisco Office*. 225 Bush St. 16th. Floor. Su.1632.
San Francisco, CA. 94104
Our
Office Locations...
San Diego County Office (Main Offices)
16855
W. Bernardo Drive. Suite 380
San Diego, CA. 92127
1-800-CA-LEMON 1-800-225-3666
Los Angeles County (Glendale) Office
450 N.
Brand Blvd. Suite 600
Glendale, CA. 91203
1-800-CA-LEMON 1-800-225-3666 |
Orange County (Irvine) Office
One Park Plaza. Suite 600
Irvine, CA. 92614
1-800-CA-LEMON 1-800-225-3666
San
Francisco (Bay Area) Office
One
Sansome Street, 35th Floor
San Francisco, CA 94104
1-800-CA-LEMON 1-800-225-3666 |
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