First, let’s go back to the basics and consider the dictionary definition of a lemon. According to the Merriam-Webster Dictionary definition, a lemon is “one (as an automobile) that is unsatisfactory or defective.” As a consumer, you have a right to pursue legal action against the manufacturer if you have been sold a defective product. Premier Legal Center, APC works hard to protect consumer rights and help the “little guy” in this often unforgiving situation.
If you are experiencing problems with your vehicle after several repair attempts, have had a serious defect, are concerned for your safety in the vehicle and/or value, and/or have impaired use of your vehicle, then you may have a potential lemon on your hands. If the manufacturer cannot address your concerns, please contact us with your repair records in hand to discuss your case.
No. While our firm involves itself in various class action litigation across the country, Premier Legal Center, APC gives special attention to your vehicle and your needs. We focus on individual cases to maximize results in pursuing claims against the manufacturer. While class action litigation can take years to complete, we can potentially streamline a settlement for you in as little as 60 days.
Contact the dealership where you purchased the vehicle and ask for a copy. Many dealerships hold electronic copies nowadays. If your dealership is closed, contact your financial company where the vehicle was financed or provide any sales documents that you have that might show your name, purchase price, date of purchase, and dealership information.
No. We strictly pursue the manufacturer.
No warranties are affected by a cash settlement. The manufacturer is still required to uphold its warranty obligations.
When you purchase a vehicle “as-is,” you basically get what you pay for and you have very limited rights and protections under state and federal law. Unless written otherwise by an agreement with your dealership, you are obligated to pay for any repairs or future problems with the vehicle. If you buy the vehicle “as-is,” you have to be provided with this form required by the Federal Trade Commission with the “as-is” part checked off.
If you have sold the vehicle or it was repossessed, please notify us immediately.
If you do not have copies of all the repair work done on your vehicle and you still have possession of the vehicle, you can ask for a service and repair history printout from your local dealership even if you have been to multiple dealerships (usually they are interlinked).
The short answer is YES, but it can depend on quite a few factors based on your state laws and the UCC (Uniform Commercial Code). The UCC does not actually define a lemon vehicle, so it can be left up to a jury to decide whether you deserve a refund or not. If you would like more detailed information, please contact us for a FREE consultation.
Your claim will take approximately 60 to 75 days from the time you send in your paperwork to when you obtain a resolution with the manufacturer.
Common pitfalls of lemon law claims in San Diego include lack of documentation, failure to notify the manufacturer, insufficient repair attempts, ignoring the warranty period, and non-compliance with Lemon Law requirements.
Premier Legal Center APC is a respected law firm based in San Diego specializing in lemon law cases. Their experienced attorneys are dedicated to helping you understand your rights and advocate for a fair settlement. With a reputation for a high success rate, Premier Legal Center APC offers free consultation and adopts a client-focused approach.
California’s Lemon Law does not last for 7 years. According to the Magnuson-Moss Warranty Act, you have 4 years to file a claim after a warranty issue. However, California’s Lemon Law only applies to new vehicles purchased within the last 18 months or 18,000 miles.
Suppose your new vehicle has a severe warranty problem that the manufacturer cannot fix after several attempts within this time frame. In that case, you might qualify for a refund or a replacement vehicle under California’s Lemon Law.
The amount of money you can get from California’s Lemon Law varies depending on your situation. You may be entitled to a refund or replacement if your car is considered a lemon. Also, you can get reimbursement expenditures, like towing fees, rental car costs, etc.. It is worth mentioning that, under the Lemon Law, you cannot recover punitive damages.
Yes, California lemon law settlements can be taxable under certain conditions.
- The portion of the settlement that exceeds the vehicle’s purchase price and any punitive damages awarded may be subject to income tax.
- It is advisable to consult with a tax specialist to determine the special tax implications of your settlement.
Yes, you can return a used car in California if there are problems. Still, it depends on several factors, including the type of dealership, the vehicle’s age and mileage, and the specific issues with the car.
Yes, California’s lemon law applies to electric vehicles (EVs). If your EV has significant defects that can’t be fixed after a proper number of repair attempts, you may be eligible for a refund or replacement under the lemon law.
To file a lemon law claim against a specific manufacturer, you must understand your state’s lemon law, document repair attempts, notify the manufacturer, consider arbitration, and consult an attorney if necessary.
Proving EV defects is challenging due to complex software, battery issues, electric motor problems, and charging system complexities. Accurate diagnosis and documentation are crucial.
Damages in a lemon law case may include purchase price refunds, lease payments, repair costs, incidental damages, and attorney’s fees. Specifics vary by state law.
Battery problems, such as degradation, failure, and charging issues, can justify a lemon law claim if they greatly affect the EV’s usability or value. Keep a record of all problems and seek legal advice.
While traditional remedies like buyback or replacement apply, unique remedies for EV lemon law cases might include battery replacement, software updates, or extended warranties. Consult an attorney to explore all options.
- Battery Replacement: For battery-related issues.
- Software Updates: To fix software defects.
- Extended Warranties: For specific components.
While you can file a lemon law claim independently, hiring an attorney can significantly improve your chances of success. An attorney can help you navigate complex legal procedures, negotiate with the manufacturer, and maximize your potential recovery.
Lemon law attorneys usually charge a contingency fee. This means you don’t pay them upfront. Instead, they take a percentage of the settlement or judgment you receive in your case.
The lemon law process can take a few months to over a year. Its length depends on several factors, including the complexity of the case, how well the manufacturer cooperates, and the lemon laws in your state.
Potential remedies in a successful lemon law case include vehicle buyback, replacement, repair cost coverage, incidental damages, and attorney’s fees.
The price of a used car depends on several factors, including its make, model, year, mileage, and condition. To find a fair price, research online, check with dealerships, and use tools like Kelley Blue Book.
A fair price for a pre-1990 vehicle depends on the condition, mileage, model, history, and potential restoration costs. Research online, consult experts, and negotiate wisely.