Lemon Law...

     Turning frustration into “time well spent”
      


For most Americans (and especially Californian's), their vehicle is one of their largest monetary investments and reoccurring monthly payments. Protecting equity in that investment is why the California Lemon Law was written in the first place.

To turn frustration into “time well spent,” take the frustration and put it to use.  If you think your vehicle is, or may turn out to be a “lemon,” start with the basics: paperwork.  Find and organize all of your original sale/lease documents, licensing/registration documents, monthly payment statement(s), and your repair order documents. Take photocopies of originals and set them all in a chronological order from the day you took delivery of your vehicle until now. You will note that warranty repairs at car dealerships are broken down into two documents per visit. First, the “work order” -- this is the document you sign that has your stated complaint.  Second, the “invoice” -- this is the document you receive when your vehicle repair is completed and the vehicle is returned to you.  The “invoice” has “date in/date out” information as well as “miles in/miles out.” The invoice also notes what the dealer did in an attempt to diagnose and repair your vehicle for each of your complaints.

You may find that you are missing certain invoices, as they may have been lost or the dealer simply didn’t give you one. If this is the case, visit your Service Advisor or Service Manager and request copies. Some dealerships’ computers “purge” repair documents every 30 days. If this is the case, then simply ask your Advisor or Manager to provide you with a “warranty repair history” printout from their dealer-to-manufacturer linked computer. All dealers have this, and the printout will show every warranty claim submitted by any dealer in the United States to the manufacturer of your vehicle. Have your license/registration with you, as they will need verification of ownership before giving out this information.

Remember, the selling or servicing automobile dealer is not responsible to repurchase or replace your car under the California Lemon Law, the manufacturer is.  The automobile manufacturers are very experienced in dealing with California Lemon Law consumer enquiries and, as you can imagine, are not in the business to buy back or replace vehicles every time a customer says “my vehicle is a lemon.”  Their responsibility under their limited warranty is simply to correct the warranty non-conformity (defect) so that the vehicle conforms to its warranty’s provisions.

SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666   1-877-EL-LIMON
*There may be an occasional claim where it is determined that the filing of a lawsuit is the most expedient way to recover full lemon law entitlement.

Would you like to do some lemon law reading and research?

Excellent. Below you will find a series of “lemon law” topics. Simply “click” your “mouse” on the topic that you want to read about.
 

California Lemon Law - The California Lemon Law
California Lemon Law - About The Law Offices of William R. McGee
California Lemon Law - We answer the top 7 questions
Why you should demand a "Retainer Agreement" be sent to you before allowing any attorney to represent you.
California Lemon Law - Before you hire any lemon law attorney
California Lemon Law - Why choose our law firm
California Lemon Law - How Do I Get Started?
California Lemon Law - Hiring California’s largest Lemon Law firm
California Lemon Law - Warranty repairs. What is a “repair attempt”?
California Lemon Law - Manufacturer’s “customer assistance” 800 #'s
California Lemon Law - Arbitration – what you should know
California Lemon Law - FAQ’s (Frequently Asked Questions – part 1)
California Lemon Law - FAQ’s (Frequently Asked Questions – part 2)
California Lemon Law - Used Car lemon law
California Lemon Law - Car dealership pressure sales tactics
California Lemon Law - See us on California’s freeways and highways
California Lemon Law - California Lemon Law Attorneys - Locations
California Lemon Law - The “No Cooling Off Period” rule
California Lemon Law - Car dealership contract fraud
California Lemon Law - Securing proper warranty repair documentation
California Lemon Law - Changes in the California Lemon Law
California Lemon Law - Senate Bill 1718 Passed
California Lemon Law - Submit your case information on-line
California Lemon Law - Contact us via e-mail
California Lemon Law - e-mail this site to a friend
California Lemon Law - Call us toll-free
California Lemon Law - Lemon in another state?
California Lemon Law - Read Client Testimonials
California Lemon Law - “Warranty Repair History” - What, Why, and How.
California Lemon Law - Automobile Manufacturer’s “solutions", “offers” and “releases” 
California Lemon Law - Turning frustration into “time well spent”
California Lemon Law - Your vehicle’s warranty book as it “applies” to California Lemon Law.
California Lemon Law – Quick Reference Guide

The California lemon law offers protection for buyers of new cars, trucks, motorhomes, and motorcycles. The California lemon law provides different options to the consumer and manufacturer. 

For California lemon law to apply to cars and trucks that qualify under the statute, the manufacturer must offer to replace or repurchase the offending lemon law vehicle, with the consumer not being forced to accept a replacement. California lemon law treats motorhomes and motorcycles differently. The California lemon law allows the manufacturer to repurchase or replace under the statute, at their discretion.

Automobile manufacturers will print warranty books that contain “instructions” for consumers that think they may have a lemon law vehicle that qualifies under California lemon law. Consumers must remember that these lemon law “instructions” or “steps to follow” are what the automobile manufacturer wants you to do, and is NOT the California lemon law. For example, many manufacturers warranty books will attempt to direct the consumer with a California lemon law claim to attend an arbitration hearing. Arbitration is NOT required under the California Lemon Law to pursue a lemon law claim. Nor is there any requirement under the California Lemon Law to bring a lemon law claim within 18 months or 18,000 miles. You as the consumer have the entire new vehicle limited warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring your California lemon law claim. If the repeated problem continues AFTER the expiration of the warranty under the lemon law, in certain cases you may still be applicable to protection under the California lemon law. The California lemon law also uses the manufacturers “extra power-train warranty coverage” as lemon law protection for consumers. These “power-train” warranties often provide for repairs as long as 100,000 miles, and under the California lemon law can be utilized to qualify a vehicle as a “lemon”.

When our California lemon law was passed many years ago, the automobile manufacturers were allowed to set up NON-binding arbitration as an OPTION for the consumer to utilize in an attempt to settle their lemon law dispute. Consumers in California must realize that these dispute resolution mediums are often nothing more than a way for automobile manufacturers to be given “another chance” at fixing the consumers vehicle. One of the three potential decisions that can be handed down at an arbitration hearing is “the repair decision”. The automobile manufacturers representative argues to the arbitrator that the manufacturer should be given an additional attempt to repair the vehicle, or argue that they (coincidentally) “now have a fix developed” for the consumers repeated defect. The consumer often goes into a arbitration hearing expecting a “win” or “lose” decision, but becomes stunned when finding out that the outcome of their arbitration hearing for their lemon law claim is simply to have their vehicle repaired again! Arbitrators are not lawyers. Arbitration is NOT required to pursue legal remedy in California under the lemon law.

“Customer Assistance Centers”. Consumers can call the manufacturers toll-free “assistance center”. They can explain that they feel they have a vehicle that qualifies under the California lemon law. The representatives will give out a “case number” to the consumer. Often times the unknowing consumer thinks this “case” number means something, especially when followed by the potential language of “we are opening a case number for you”. Consumers can be potentially mislead that this is the “opening” or “start” of a legal California lemon law case. It is NOT. A “case number” is often nothing more than a REFERENCE number to the consumer calling in their complaint(s) that allows the automobile manufacturer to establish a numerical file on the consumers call-in. 

“Dealer Trade Assist”. Consumers need to be VERY aware of this “trick of the automobile trade”. Consumers who have been having repeated problems with their vehicle will often seek lemon law relief by asking their car dealer to “buy back” or replace their vehicle. What the consumer does NOT know is that the dealer has nothing to do with the California lemon law, nor do they have any responsibility under the California lemon law to repurchase or replace the offending vehicle. This is where “opportunity knocks” for the car dealer in many instances. The car dealer “responds” to the consumers request by “offering” to resolve the consumers dreadful car situation by offering “to take them out of their car” or “get you out of this car and into a new one” or similar verbage. This is NOT the California lemon law. This is an example of an opportunistic dealer sales tactic of making the consumer believe that they are getting California lemon law relief, but in reality the car dealer is taking the offending vehicle in trade, and simply selling the consumer another vehicle! The dealer often hears consumers say “you have to get me out of this vehicle”. They are simply taking the customers grief and turning it into profit, while the consumer loses part or all of their earned equity in their vehicle, often resulting in the loss of thousands of dollars. This “dealer trade assist” can often result in the dealer inflating the price of the “replacement” car and putting the consumer further into debt. Consumers should be very aware that the car dealership is in business to make a profit, and to sell cars. The “dealer trade assist” is just another example of how a consumer in California can unknowingly THINK they are getting relief from the California lemon law, but are simply being taken advantage of.

What is the consumer to do? Consumers can simply the entire California lemon law process by utilizing the services of a lemon law attorney. We are The Law Offices of William R. McGee, California Lemon Law Attorneys, California’s largest lemon law firm. You can call us toll-free at 1-800-CA-LEMON (1-800-225-3666) for a free consultation or review of your repair documents to see if you qualify for protection and relief under the California lemon law. The California lemon law has a provision for attorney’s fees, making the automobile manufacturer pay the attorney for time spent on a lemon law claim.

Law Offices of William R. McGee
California Lemon Law Attorneys

Glendale Office
411 N. Central Ave.
Suite 230
Glendale, CA. 91208

818-548-6067

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And Russian spoken.

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CALIFORNIA’S LARGEST LEMON LAW FIRM

San Diego Office
16855 W. Bernardo Dr. Su 380
San Diego, CA. 92127

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Glendale, CA. 91203

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All copy on all pages of this website are Copyright 2001, 2002, 2003 & 2004, the Law Offices of William R. McGee.  "California Lemon Law Attorneys", "California's Largest Lemon Law Firm" are registered Service Marks with the U.S. Trademark Office.  Nothing on this website, whether in full or partial form, may be copied or reproduced in any method or manner without the express permission of The Law Offices of William R. McGee.  "California Lemon Law Handbook" and "lemon line" are copyright 2004 The Law Offices of William R. McGee.

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