Lemon Law Attorney in Sunnyvale, California
If you’ve ever purchased a vehicle or other product that turned out to have significant defects, it’s easy to become overwhelmed. Even though California’s lemon law provides some of the strongest protections for consumers who purchase automobiles and other “lemon” products, it takes an experienced and skilled attorney to help you navigate the legal system.
Have you purchased or leased a new or used lemon vehicle or another consumer product and have made multiple fruitless attempts for repairs? At the Law Offices of Kevin Faulk, we are committed to helping clients enforce their lemon law rights. From our office in Sunnyvale, California, we provide compassionate and personalized representation to people throughout the state. Reach out today so we can evaluate your situation and help you understand your options for dealing with a “lemon.”
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What Is Lemon Law?
Lemon laws are a powerful tool for consumers who purchase or lease new or used vehicles or other products that turn out to be “lemons.” The term “lemon” refers to products that have not been fixed after a reasonable period or a reasonable number of repair attempts. The protections under the lemon law apply to defects that impact the value, use, or safety of the automobile or other lemon product. Lemon law requires manufacturers or sellers to provide a timely refund or replacement when a defect cannot be fixed after a reasonable number of attempts or reasonable time.
Under the lemon law, manufacturers and, in some cases, sellers have a legal obligation to:
Fix any defects in their products;
Refund the purchase costs of the product; or
Replace the defective product
Lemon laws are based on implied and express warranty, which is why lemon laws do not apply if the warranty was disclaimed by the seller. An example of a disclaimed warranty may be a consumer purchasing a product with the knowledge of a defect. Speak with a lemon law attorney who can help you understand if you are dealing with a “lemon” and can uphold your rights under the lemon law.
What Products Are Covered
Under the Lemon Law?
Contrary to popular belief, California’s lemon law does not apply exclusively to automobiles. The law provides protections for most consumer goods that people purchase or lease for their personal or household use.
Specific categories of products, however, are excluded from lemon law. These products include over-the-counter drugs, clothes, consumable goods, cosmetics, vegetables, and fruits. Most lemon law claims are filed by consumers who purchased or leased vehicles, including:
In California, lemon law covers not only purchased vehicles but also leased, financed, and pre-owned vehicles. The protections provided to consumers by the law cover both new and used vehicles.
What Qualifies as a Lemon?
According to the official website of the California Attorney General’s Office, a vehicle qualifies as a “lemon” when it meets certain criteria:
The defect is covered by the manufacturer’s warranty
The vehicle is defective to the point that it impairs its value, use, or safety
The problem was not the result of the purchaser’s unreasonable or unauthorized use of the vehicle
Lemon law protections apply if the manufacturer or seller cannot repair the problem after a reasonable number of attempts to fix it. In that case, the manufacturer or seller may be required to refund or replace the vehicle. The consumer has a right to choose whether they want to accept a refund or get a replacement.
What Restitution Is Available?
California’s lemon law provides several remedies for consumers who purchase defective goods. Under the law, a consumer may be eligible for financial compensation. Specifically, people who purchase lemon vehicles in California may seek the following remedies:
Refund of all the money the consumer spent when purchasing the vehicle;
Replacement of the defective vehicle;
Receive a cash settlement for their troubles but keep the vehicle; and
Recover reasonable legal costs and attorney fees.
However, if the manufacturer’s violation of the lemon law was willful, the consumer might also be entitled to civil penalties, which could amount to two times the amount of the damages. It’s important to contact a knowledgeable lemon law attorney to evaluate your specific case and help you understand all the remedies that may be available in your situation.
Do All Lemon Law Cases Go to Court?
There is a common misconception that all lemon law cases go to court. People mistakenly believe that the only way to get a refund or replacement is to go through a lengthy and costly court process. However, that is not true. According to California’s Department of Consumer Affairs, manufacturers typically offer consumers a state-certified arbitration program in order to resolve disputes related to a lemon. More importantly, most cases settle long before they get to trial.
Lemon Law Attorney
Serving Sunnyvale, California
When you buy something—whether it’s a vehicle or other consumer goods—you have high expectations. However, the purchased or leased product may fail to live up to those expectations. If you believe that you have a lemon law claim, consult with a lemon law attorney at Law Offices of Kevin Faulk to discuss your case. We provide experienced legal representation to clients dealing with “lemons” in Sunnyvale and throughout the state of California.