LEMON LAWS
Lemon Laws are designed to protect the people from corporate negligence and carelessness. For instance, you bought or leased a vehicle to drive to work, take your family and friends around, make a living with it, or take a leisurely cruise around the neighborhood. Unfortunately, while your shiny ride seems like an “Eye Candy,” it functions like a “Sour Lemon”. Here is why: Your Vehicle Shakes, Rattles, Shuts off, Accelerates, Door Locks open on their own or not at all; Brakes do not function properly, nor the 300 horsepower, the salesperson bragged about are galloping in full force; they are more like 300 drowsy donkeys. In other words, the vehicle which was sold to you is not fit to serve its designed purpose. What do you do? Lemon Laws are created to make sure that you are not stuck with such a defective and dangerous vehicle, regardless of who manufactured it and where. Under Lemon Laws You may be entitled to a buy-back of your vehicle; or replacement with one of equal or greater value, including any and all options. You may even be awarded Civil Penalties of up to 3 times of your damages, if it is proven that the manufacturer or seller knew of the vehicle’s defects, and deceived you. More importantly, you do not have to pay a penny to your Chosen Lawyers out of your pocket, to hold the makers and/or sellers of the defective vehicle accountable. So, when a car company sells you a lemon, don’t get mad, let Chosen Lawyers, skillfully, turn your Sour Lemon into a Zesty Lemonade!
COMMON LEMON LAW QUESTIONS
Who Pays for Legal Costs and Lawyers’ Fees?
One of the Sweet Consumer Protection Features of the Lemon Law is the fact that the manufacturers are mandated by law to pay your legal costs including expert witnesses, and Attorneys’ fees. Remember that Lemon Law is a part of Consumer Protection Laws designed to make an Injured or Damaged Consumer “Whole Again.” Clearly, if Defective Car buyers have to pay their own Attorneys and Legal Costs from their Buyback Refund, they are not made “Whole”. This is why the Manufacturer must pay your Lemon Law Attorneys’ Fees and other legal costs on top of their Buyback Refunds.
What Type of Compensations a Lemon Owner is Entitled to?
Upon successful outcome of your case, you could receive a refund for all your payments, minus usage deduction, if any; payoff of your loan or lease, if any; your down payment, registration fees, taxes, incidental damages such as rental and towing fees, etc. You also can choose to have your vehicle replaced with one of equal or greater value. Depending on your case, you may be entitled to 3 times your damages in Civil Penalties, or Punitive Damages; or you could receive a cash settlement, while keeping your vehicle. In other words, the facts and circumstances of each case determine the extent and type of remedies available under Consumer Protection Laws.
Does the Lemon Law apply to Leased Vehicles?
Yes. The California Lemon Laws apply to all leased vehicles that have express written warranty.
Does the Lemon Law Apply to Used Vehicles?
Yes. The California Lemon Laws apply to purchased or leased Pre-Owned or Used Vehicles that come with Pre-Owned Warranty.
How long is the Statute of Limitations on Lemon Law Claims?
In California, the Lemon owners must file their claims within four (4) Years from either the date they learned of the defect or from the date the warranty expired; whichever comes first. Nonetheless, if you sit on your rights, you will lose some or all your remedies. It is always better to stand for your rights, the right way, right away.
Please remember, all facts and claims must be proven by preponderance of the evidence. This is why the first thing you should do is to consult with your Chosen Lawyers. The Talk is Free, the Advice is Sound and the Justice is Swift!
WHAT ARE LEMON LAWS?
Lemon Laws are a part of broader Consumer Protection Laws, which are designed to protect the people who purchase or lease vehicles. Although many other types of consumer products could be defective, the term “Lemon” is generally associated with defective vehicles. In the United States, most of the Lemon Laws are based on Statutes created by State Legislatures. These Statutes offer remedies that exceed the scope of manufacturers’ warranties. The extent of Lemon Law Protection varies from State to State. Fortunately, California has a broad Lemon Law Protection under the Song-Beverly Consumer Warranty Act. This Lemon Law Statute covers a wide array of products, including but not limited to vehicles, boats, electronics and appliances. It is also important to know that California Lemon Laws cover Military Personnel, who purchase a vehicle in another state.
WHAT ARE THE KEY ASPECTS OF CALIFORNIA LEMON LAW UNDER THE SONG-BEVERLY ACT?
1) Implied Warranty of Merchantability:
The Song-Beverly Act requires that goods sold must be of reasonable quality within the industry and perform as expected under normal use. Any product which fails to comply with such a reasonable standard, may be construed as defective, thus subject to repair, replacement or refund.
2) Reasonable number of Attempts to Repair:
The Song-Beverly Act requires that a manufacturer or dealer make at least 4 attempts to repair or hold the vehicle for 30 days in the repair shop, before the consumer can demand a replacement or refund. This mandate is for New Vehicles. A used vehicle purchaser must also show that the defect significantly impairs the safe use or value of the vehicle.
IS THERE ANY FEDERAL CONSUMER PROTECTION LAWS?
Yes. The Magnuson-Moss Warranty Act, which was promulgated in 1975, protects residents of all states, by ensuring that manufacturers are held liable for breach of any of their warranties, when they make a sale. This Statute protects consumers for defects in all consumer products, including vehicles and appliances. It is important to also note that the Magnuson-Moss Warranty Act does not protect the buyers or users of products without warranty or products, which were purchased “as is” or “with all its faults.” However, they may protect consumers who were misled or they were victims of “Sharp Practices” or “Fraud” as a result of which they unknowingly waived their Warranty Protection Rights. In summation all manufacturers have both a legal and moral obligation to manufacture and sell vehicles that are safe, and they are fit for intended use.
WHAT ARE SOME OF THE MOST PREVALENT YET DANGEROUS VEHICULAR DEFECTS?
Our Roads and Highways are already crowded with trucks, busses, motorcycles and automobiles. Millions of crashes happen every year, rendering a multitude of human beings seriously injured or killed. It is unfathomable to think that some manufacturers’ greed or carelessness either cause or exacerbate some of these preventable calamities. Here are some of the most common Vehicular Defects that cause crashes:
SUDDEN ACCELERATION:
Due to manufactures’ defects some vehicles put the pedal on the metal on their own. These types of crashes although rare do happen and cause grave injuries and gruesome deaths.
ROLLOVERS:
Some defectively designed vehicles such as passenger vans are prone to roll over and cause loss of lives and limbs.
ROOF CRUSH:
Some vehicles’ roof-tops are so defectively designed that they cave in as if they were made of paper mâché rather than metal. Many injuries caused by crushed roofs are horrendously gruesome.
CARBON MONOXIDE POISONING:
Some drivers pass out while driving, because their vehicle’s exhaust system leaks toxic gas into the cabin. This dangerous defect is most prevalent in Ford Explorers.
AIRBAG FAILURE:
Airbags are safety features that save lives and limbs, but they must function when they are needed. The problem is that some Airbags do not deploy in crashes, yet some deploy during normal driving, thus causing accidents.
SEATBELT FAILURE:
Clearly, seatbelts are such important safety features that not wearing it can get drivers and passengers steep fines by the police. Yet many defective seat belts release their latch when a crash occurs, thus they give no protection at all.
SEAT BACK FAILURE:
Many manufacturers put profit before the people and install flimsy seats in their vehicles. These seats’ back supports break upon a rear-end impact causing serious back, neck and spine injuries.
TIRE TREAD SEPARATION:
Another prevalent yet extremely dangerous vehicular defect is the Tire Tread Separation. This happens when a defectively designed or manufactured tire’s top portion breaks away from the rest of the tire, most often at high speeds.
DOOR LATCH:
Some vehicles’ door latch can either trap the driver and passengers or pop open during a crash. Both of these defects are extremely dangerous.
Corporations must stop adding Defective Vehicles to the stream of commerce, as mandated by Consumer Protection Laws. Chosen Lawyers are ready, willing and able to hold those who defy the Law, accountable to the fullest extent of the Law. If you have sustained injuries or your loved ones have suffered injuries or loss, give Chosen Lawyers a click or call and obtain Full Justice. Bar None!
LET’S CORDIALLY SALUTE THE CHAMPION OF CONSUMER RIGHTS ADVOCACY?
While, there are many outstanding public servants within the governments, who strive to serve the people, when it comes to Private Lawyers, none has been as dedicated and vociferous as the Consumer & Human Right Lawyer, Mr. Ralph Nader.
Mr. Nader was born to a first-generation immigrant family from Lebanon. His relentless fight for vehicle safety has literally saved millions of lives and limbs in America and Worldwide. Mr. Nader’s crusade against unscrupulous and greedy manufacturers officially started with his book, “Unsafe at Any Speed” about 60 years ago. In this Magnum Opus he exposed the dangerous design flaws in Automobiles. Thomas Jefferson said, “A Man with Courage is a Majority.” Indeed, Ralph Nader is a matchless majority, who valiantly withstood ridicule, persecution, and humiliation on his arduous journey of a thousand miles, without giving in an inch. His efforts spearheaded many safety features in vehicles and shaped the Consumer Product Safety Act; the Clean Air Act; the Freedom of Information Act, and the creation of many Public and Government Accountability Organizations. Ralph Nader is truly a world-known Powerful Consumers’ Rights Advocate, who dedicated his entire life to making our world a bit safer, a little more environmentally friendlier—and helped us to keep the dream of social justice alive. Indeed, here at Chosen lawyers, we humbly salute and wholeheartedly commend this courageous and wise leading lawyer in the world. Mr. Nader, You are the reason why Chosen Lawyers exist. Thank You!
CHOSEN LAWYERS ARE WITH YOU FROM START-TO-SUCCESS!
When it comes to Legal Matters, Time Matters.
Chosen Trial Lawyers are America’s most Powerful Advocates for Full Justice!
Contact
Know Your Rights & Responsibilities Right Away-Free!
NO FEES Until We WIN
Let’s go get ‘em!
Chosen Lawyers will represent you all the way to the mountain-top of Full Justice on a Contingency Basis. This is the only way that ordinary People can stand for their Rights against the Multi-Billion-Dollar Insurance Industry, Governments and other Mega Corporations, who have an army of Power-Lawyers under their command and control.
CHOSEN LAWYERS ARE WITH YOU FROM START-TO-SUCCESS!
We can visit You at your home, office, hospital or anywhere you prefer—Fast & Free!
When it comes to Legal Matters, Time Matters.
Chosen Trial Lawyers are America’s most Powerful Advocates for Full Justice!
Contact
Know Your Rights & Responsibilities Right Away-Free!
NO FEES Until We WIN
Let’s go get ‘em!
Chosen Lawyers will represent you all the way to the mountain-top of Full Justice on a Contingency Basis. This is the only way that ordinary People can stand for their Rights against the Multi-Billion-Dollar Insurance Industry, Governments and other Mega Corporations, who have an army of Power-Lawyers under their command and control.