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A legal presumption is a rule of law that permits a court to assume a fact is true based on the available evidence. Legal presumptions are based on particular set of facts that are paired with laws, logic, reasoning and individual rights. Once a presumption is established, the defending party has the opportunity to disprove (rebut) the presumption. For example, a child born of a husband and wife who love together is presumed to be the natural child of the husband. The law presumes the husband is the natural father of this child until a person challenging this presumption provides sufficient evidence to the contrary.
The lemon law presumption varies from state to state. In California, the lemon law presumption assumes a vehicle is a lemon if during the first 18 months or 18,000 miles after the purchase or lease of the new vehicle, any of the following occur:
In California, if the consumer can demonstrate any of the 3 scenarios above, then the vehicle is presumed to be a lemon and the judge will tell the jury that the consumer has met his burden of proving that the manufacturer had a reasonable number of attempts to repair the vehicle. The burden then shifts to the defending party to prove otherwise.
If your vehicle does not fit the presumption, meaning that your vehicle has not had at least 2 repairs for a substantial safety issue, or at least 4 repairs for the same problem, or has been out of service for at least 30 days, you can still have a valid lemon law claim! Too often consumers fall in the trap of thinking they do not have a valid lemon law claim because their facts do not fit the presumption. Too frequently we interact with consumers who obtain and rely on wrong information by engaging in their own basic research. This inaccurate research acts as a roadblock to many consumers who believe they do not have a lemon law claim when they actually do. Don’t let this happen to you! If the facts of your case do not fit the presumption, you may still have a lemon law claim and be entitled to receive a refund, replacement or cash compensation.
The lemon laws provide consumers with legal rights and remedies for problems that occur during the warranty period. Generally speaking, the warranty that is provided with a vehicle is longer than the presumption period. Thus, if your vehicle has been subject to multiple repairs for the same issue while under the manufacturer’s warranty, then you most likely have a valid lemon law claim.
Because the law is nuanced and complex, it is important to contact an experienced lemon law attorney about your particular situation. An experienced lemon law attorney will be able to analyze the repair history of your vehicle and make a determination as to whether or not you have a valid lemon law claim. This will all be done at no cost to you.
Please be aware that because your vehicle does not meet the lemon law presumption, you may still have a valid lemon law claim and have rights! If your vehicle has had multiple repairs while under the manufacturer’s warranty, contact a lemon law attorney today. Given that the lemon law requires that the manufacturer pay your attorneys’ fees and costs, there is no reason to delay.
If you have experienced problems with your vehicle, whether it is purchased or leased, new or used, and these problems occurred during the manufacturer’s warranty, call the experienced and aggressive Lemon Law Experts of Shainfeld & Anvar, PC for a confidential and FREE case evaluation today.
If you would like to speak with an experienced lemon law attorney, call us today at 855-598-3909.Jessica Anvar