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Factors Considered in Determining If a Car Is a Lemon
March 1, 2023
According to statistics from The Auto Lemon Index Report, about 34,397 lemon law cases were filed in California state courts between 2018 and 2021, out of about 8 million new vehicles sold in that time frame. In California, consumers who purchase defective vehicles with repeated, unfixable problems may be eligible to seek relief – refund or replacement vehicle – by filing a lemon law case against the manufacturer or dealer. However, various factors are often considered to determine whether a car is a lemon.
At the Law Offices of Kevin Faulk, we are poised and ready to guide and represent clients in their lemon law cases. Our practiced California lemon law attorney can evaluate every aspect of your unique situation and determine whether you have a lemon law claim. In addition, we will help file your claims and help you fight to recover your rightful compensation. Our firm proudly serves clients in Sunnyvale and surrounding areas throughout the state of California.
What Is Lemon Law?
A lemon can be described as a vehicle with significant defects or repeated, unfixable problems which make it unsafe to drive the vehicle. Lemon laws are laws established to protect individuals who purchase lemon cars and other consumer goods that fail to meet the standards of performance or quality and help them seek appropriate remedies.
In California, lemon law covers clothes, computers, electronic devices, consumer goods, and defective automobiles such as cars, SUVs, vans, motorcycles, and pickup trucks. Depending on the surrounding circumstances, the manufacturer or seller of the product or automobile must do any of the following:
Fix any defects in their products or vehicle;
Refund the purchase costs of the vehicle or product; or
Replace the defective vehicle or product.
A knowledgeable attorney can enlighten you about what qualifies as lemon in California, as well as investigate your unique situation to determine if you have a lemon law case.
What Qualifies as a Lemon?
However, to qualify as a lemon in California, your vehicle (or the product) must meet the following requirements:
You purchased the vehicle from an authorized dealer, seller, or manufacturer.
You purchased the vehicle with an express or active warranty.
The vehicle’s defect is covered under the manufacturer’s warranty.
There has been a reasonable amount of attempted repairs to fix the defect or issue with the vehicle.
The defect with the car didn’t occur due to regular wear and tear or failure to perform routine auto service or maintenance.
An experienced attorney can review every detail of your case and help determine whether the vehicle has substantial defects to invoke lemon law.
Reasonable Repair Attempts
According to California Lemon Law, reasonable repair attempts can be described as the number of times or attempts in which the manufacturer has tried to fix the issue with the lemon car. Also, reasonable repair attempts may be determined by the number of days the car is out of service.
In most cases, four repair attempts or more than 30 days in the repair shop may be enough to justify reasonable repair attempts in a lemon law claim, though sometimes less than that may qualify. A seasoned lemon law attorney can help establish your claims and help you seek deserved remedy for your lemon car.
Speak With an Experienced Attorney
Discovering that your new vehicle is a lemon – or visiting the auto repair repeatedly – can be difficult and frustrating. Thankfully, individuals who purchase lemon cars in California may be entitled to seek a remedy through a lemon law claim. At the Law Offices of Kevin Faulk, I have devoted my career to handling lemon law cases and protecting the best interests of consumers.
As your legal counsel, I can review every surrounding detail of your cases and help determine whether your car is a lemon. In addition, I will enlighten you about your available legal options to seek relief and help file your lemon law claim. I will continue fighting on your side and help you recover the legal remedy you deserve.
Contact the Law Offices of Kevin Faulk today to schedule a simple consultation with a diligent lemon law attorney. I can offer you the skilled representation and detailed legal counsel you need in your claims. My firm proudly serves clients in Sunnyvale and surrounding areas throughout the state of California.