Antioch residents love the area’s beautiful scenic roadways. There is nothing quite like cruising along the Black Diamond Mines Regional Preserve. But if your car is a lemon, chances are, you will not be doing much driving at all. In fact, you are probably busy fretting over getting rid of your lemon car and getting your money back, which is where we come in. Our Antioch lemon law attorney can help you hold the manufacturer or seller legally responsible for the lemon you purchased.
The Law Offices of Consumer Law Experts, PC is dedicated to helping Antioch residents who manufacturers and sellers took for a ride. Call today for a free consultation: (310) 442-1410.
What exactly is a lemon vehicle?
A “lemon” is a vehicle that had an inherent serious defect or nonconformity (at the time of purchase) that a manufacturer cannot fix. California’s lemon laws, found in the Song-Beverly Consumer Warranty Act, provide that manufacturers have to uphold their product warranties, and that consumers have the right to seek replacements or refunds when their vehicles are defective.
The laws are fairly specific about what constitutes a lemon. Leased and purchased cars, trucks, motorcycles, and other registered vehicles are lemons if all of the following are true:
- The vehicle is new and still under warranty.
- The defect/malfunction appeared within 18 months or 18,000 miles from the time you purchased or leased it.
- The defect is covered under the warranty.
- You have taken the car in several times for repairs, and manufacturers have been unable to fix it.
- The defect is one that substantially affects the car’s use, safety, or value. (A defective suspension system might mean you have a lemon; an issue with AC vent will not.)
- The vehicle has been out of service for 30 (not necessary consecutive) days since you purchased it.
Sound like your situation? Then you probably have a lemon on your hands.
What remedies are available when I have a lemon vehicle?
Lemon laws started cropping up in the 1970s as a means to protect consumers from defective vehicles. California’s lemon laws are very straightforward and consumer-friendly. Essentially, the laws hold manufacturers and sellers accountable for their warrantied products – and provide buyers with two resolutions when the vehicles they purchase wind up being unsafe or unfixable.
As a car buyer in Antioch, you have the following two remedies if you are saddled with a lemon:
- Ask for a refund.
- Ask for a replacement.
If you opt for a refund, the manufacturer has to buy the car back from you at the purchase price. If you want a replacement, the manufacturer has to give you a replacement that is substantially identical to the vehicle replaced. And if you handle the case carefully, you can also recover other damages such as for taxes, license and registration fees, as well as funds you have spent on repairs, towing, rental cars, and legal expenses.
Note: If you opt for the refund, the manufacturers can deduct for the mileage between the time you discovered the defect and the time you took it in for repair. To calculate the deduction, manufacturers take the mileage at the time of the first repair, divide it by 120,000 and then multiply that amount by what you purchased the car for originally.
Manufacturers can also make you pay this deduction amount for your replacement vehicle.
How do I go about resolving my lemon car issue?
Whether you want your money back or you want to replace your lemon for a vehicle in proper working order, we can help. Call a Antioch lemon law attorney at The Law Offices of Consumer Law Experts, PC for a free consult. We can make sure to protect your rights and ensure the manufacturer makes good on its promises.