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    5 Common Misconceptions About Lemon Law Attorneys

    5 Common Misconceptions About Lemon Law Attorneys

    By RockySeptember 23, 2023No Comments5 Mins Read

    The average 21st-century gas-powered car and truck has more than 30,000 parts. With that comes a new generation of defects, often resulting in Lemon Law claims.

    The California Lemon Law protects consumers who buy new or used vehicles, such as cars, trucks, vans, RVs, motorcycles, and business-owned vehicles. It also covers both leased and purchased vehicles.

    They’re Only for New Cars

    California’s Lemon Law protects buyers and lessees of new and used vehicles from enduring defective and unreliable ones. It also covers motorcycles if they’re street legal, the coach portion of mobile homes, and towables like fifth-wheel and travel trailers.

    Manufacturers will try to convince you to take an arbitration agreement by telling you it’s cheaper, quicker, and less painful than going to court. However, an adverse arbitration decision can be used against you in a lawsuit.

    An experienced California lemon law lawyer will know how to get around these tactics, ensuring you can file a claim and receive maximum compensation. They will be knowledgeable about California’s Lemon Law, including filing requirements and negotiation tactics. They’ll fight for you every step of the way. They’ll even be able to help you with aftermarket accessories and dealer-installed options that may impact your case. In the end, you will be rewarded with a full refund of your purchase or lease payment, all fees and taxes paid (except for registration and licensing charges), any monthly payments you’ve made, and pay off any existing car loans or liens.

    They’re Only for Leases

    Lemon law attorneys can help consumers with any vehicle, car, truck, or SUV. It doesn’t have to be brand new, as many vehicles qualify under California’s law. It’s also important to note that Lemon law covers both leased and purchased vehicles.

    Hiring an attorney is relatively simple and cost-effective. Manufacturers are required by state law to pay for your lawyer’s fees in the event of a buyback, and most attorneys work on a contingency basis, meaning they charge nothing upfront to manage your case.

    Some manufacturers have been known to try to dissuade consumers from working with a lemon law attorney by using a tactic called “fee-shifting.” This is when they assign the case to another firm once it’s ready to be filed, which means you get billed by two firms instead of one. Working with a reputable attorney can avoid this issue and ensure your case is handled efficiently. The right lawyer will be able to explain your rights and guide you through the process.

    They’re Only for Cars Under 18,000 Miles

    Many people believe that the Lemon law only covers vehicles that have under 18,000 miles on them. This is a myth. The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, primarily applies to new vehicles with a manufacturer’s warranty deemed defective by a dealership after a reasonable number of repair attempts. The state’s strong lemon laws may require the manufacturer to repurchase the vehicle or provide a replacement.

    Be wary of national lemon law firms who will take a percentage of your compensation. Instead, find a lawyer who knows the law inside and out. It is also essential to avoid attorneys who will agree to a cash settlement instead of a buyback. You should always consult with an attorney before taking any action. A consultation can help you determine if your case qualifies for a lemon law claim and which remedy would best suit your situation. 

    They’re Only for Cars with a Defect

    Many people believe that bringing your car in for repairs more than once is automatically a lemon. However, this is only sometimes the case. It depends on if the defect is substantial and whether or not it has been repaired within a reasonable number of attempts. An attorney can help you determine whether or not your vehicle qualifies under California’s Song-Beverly Consumer Warranty Act. The same laws apply to motorcycles, towable vehicles (fifth-wheel trailers, travel trailers, and toy haulers), and even the coach portion of mobile homes.

    If your vehicle is a lemon, you are entitled to a buyback from the manufacturer. This can include a full refund of your purchase price, less certain deductions allowed under the law, or a new replacement. Leased vehicles and demonstration cars also qualify for these protections.

    An experienced attorney will consider your best interests and ensure you get the maximum settlement. Because they don’t charge upfront fees, lemon lawyers can genuinely focus on assisting clients toward resolution.

    They’re Only for Cars That Have Been Repaired

    The law protects consumers who spend much time repairing or leasing their vehicles. However, the vehicle can still be in perfect working condition. An attorney can help you determine if you have a claim for a new or used vehicle that is still under warranty.

    RVs, motorhomes, and towables may be eligible for coverage if they have a significant defect that hinders their use, value, or safety and multiple attempts have been made to repair the issue.

    Manufacturers will try to use every delaying tactic in the book to avoid honoring your claim. An experienced lawyer will expedite the process and provide you with the maximum recovery. 

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