Residents of Bakersfield get to enjoy sunny weather, a diverse economy, and convenient distances to major hubs like L.A. and Fresno. What is not so enjoyable is being suckered into buying a lemon. Breakdowns, mechanical problems, and safety hazards are not something you should worry about when your car is under warranty. Fortunately, California lemon laws protect buyers from major warranty defects that the dealer or manufacturer cannot repair. For help understanding your options, contact a lemon law attorney in Bakersfield.
The lemon law experts at The Law Offices of Consumer Law Experts offer legal assistance to Bakersfield residents who manufacturers and sellers took advantage of. Call (310) 442-1410 for a free consultation today.
Is my car a lemon?
California’s Song-Beverly Consumer Warranty Act, found in Civil Code section 1790, defines a “lemon” as a vehicle (passenger car, SUV, truck, motorcycle, ATV, etc.) that meets the following criteria within 18 months of delivery or within 18,000 miles on the vehicle’s odometer, whichever occurs first:
- The vehicle has problems or nonconformities with parts or systems that substantially affect its value, safety, or usability.
- The car can be new or used, leased or purchased, but it must be under warranty and the warranty must cover the defect.
- You did not cause the defects or malfunction.
- The manufacturer or seller has made two or more attempts to repair a serious warranty problem that has potential to cause death or serious injury if the consumer driver the vehicle.
- The vehicle has been out of service for more than 30 days due to repair attempts. (The 30 days do not have to be consecutive.)
In most cases, you must also notify the manufacturer about the problem in writing.
What options do I have under California lemon laws?
Manufacturers and sellers must, by law, make good on their warranties. If they sold or leased a vehicle to you that has major issues and they cannot amend them, you are entitled to either a replacement vehicle or a refund of the purchase price. You also have the right to recover miscellaneous expenses, such as towing, money you have spent on repairs, taxes, and rental cars.
You may not be able to receive a full refund of the purchase price. This is because the amount of miles you drove before taking your vehicle in to repair the defect may diminish your total payout. Sellers and manufacturers can, under California law, divide the car mileage at the first repair by 120,000 and multiply that amount by the actual amount paid or payable by the purchaser and deduct that amount from your refund.
You may also have to pay this amount if you opt for a replacement.
To determine how to best move forward and finally get out from under the burden of your lemon car, call The Lemon Law Experts and request a free evaluation. We can help you gather the necessary evidence, file appropriate paperwork, and push for the resolution you want. Even though you have four years to file, the sooner you start your case, the sooner it settles.
And we can usually expedite the case too, so you can quickly get back on the road. Most lemon law cases that we handle in Bakersfield settle prior to court, many in just a few months.
Consumer advocate resource Senior Mag explains why: “Car companies do NOT want to go to court on a lemon law case.” With legal expenses, potential fines and sanctions, and negative publicity, “the risk of going to court on lemon law far outweighs what they risk in doing so.”
As a consumer, the law is on your side. We encourage you to exercise your rights and ensure that the manufacturer rectifies your purchase.
Can The Lemon Law Experts help me with my case?
Our attorneys have a knack for helping people in Bakersfield remedy their auto purchases and obtain fair settlements for any resulting damages. Let us do the same for you. Contact The Law Offices of Consumer Law Experts for a free consultation so we can get started with your case: (310) 442-1410