Do you have a new or used car that is a lemon? California’s Lemon Law (Song-Beverly Act) requires the car manufacturer to repurchase (or buyback) your car if it cannot be fixed after a reasonable number of repair attempts. (Civil Code section 1793.2(d)). To qualify as a lemon, your car must still be under the manufacturer’s warranty. Below are four tips that can help you win your lemon law case and get away you’re your defective vehicle.
- Make Sure That The Work Orders Are Accurate
Each time that you take your car in for a repair at the dealership, your service advisor takes down what your complaints are about the car. It is critical that you read the complaints that you complained about. If your car is having engine problems, you need to make sure that the work order shows that there are engine problems. If you have suspension problems, the same applies. Make sure that the work order is accurate. The reason for this is simple: dealerships often change what you are complaining about because a lemon vehicle cannot be fixed. The dealer does not want the manufacturer to think that they are unable to repair the problem so they change your complaint ever so slightly to something different. This can cause a problem for your lemon law case because the manufacturer will try to distinguish the repairs even though they related to the same problem. Another tip that you should remember is that many service advisors will send text messages. Keep all text messages and if there is information that is not accurate, make sure you correct the service advisor. This is another way to document the problem.
- Keep All Repair Records For Every Visit To The Dealer
The best way that you can help yourself in a California Lemon Law claim is to keep all repair records for your vehicle. When you take your car in for the same repair over and over again, this is the information that often helps you win your lemon law case. California’s lemon laws allow a manufacturer to performed a “reasonable number of repair attempts” before the car is considered a lemon. This is why it is crucial that you keep all records. California law requires that you receive a copy of every repair order that shows what repairs were performed on your car (California Code of Regulations section 3356). However, there are times when a dealership goes out of business or is taken over by a different dealership. When this happens, you may not always receive all of the repair orders for your car. By keeping all of your repair orders, you are armed with the ammunition you need to show that you were sold a lemon.
- Take The Car In Every Time You Have A Problem
Many times, you will be frustrated that you are forced to take your car back to the dealership for the same problem. But you need to stay persistent and take it back if you experience the same problem. If you accumulate more repairs for the same issue, this helps show that your car is defective cannot be fixed because it is a lemon. This also applies for taking the car in for all scheduled maintenance visits. Manufacturers will often try to blame you for the problems with the car because you did not have it serviced. Bottom line: take the car to the dealership for all repairs and maintenance.
- Hire An Experienced Lemon Law Attorney That Will Handle Your Case
It helps to have an experienced attorney that is familiar with California lemon laws (Song-Beverly Act and Tanner Act) who will help you get the best result. Not all lemon law cases are the same; however, an experienced attorney can guide you through the process and present your best possible case. Along those lines, a lemon lawyer can help eliminate your frustration because the attorney and staff will communicate with the manufacturer instead of you communicating with the manufacturer without any resolution. Many of the manufacturer’s representatives (internal and external) are already familiar with different California lemon lawyers and understand that you are serious about pursuing a case if your lemon law claim is denied. Finally, an experienced attorney can represent you in court and take your case to trial. Do not risk your case by hiring a firm that has a paralegal handle your case. You need a lemon lawyer that will not only represent you but has experience going to trial.
If you have leased or own a vehicle that is still under the manufacturer’s warranty and has had a number of repair attempts by the dealer but the problem still exists, you need a Pasadena Lemon Lawyer to help you. Don’t let the manufacturer take advantage of you and allow you to continue to drive the defective and unsafe vehicle you are driving.
Mark Charles Law, APC is located in Los Angeles County and Pasadena. Mark Charles personally handles all cases that are accepted by the firm and will be the attorney that takes your case to trial. Call us at (626) 844-7710 or contact us online to speak with a California lemon law lawyer today.