California Lemon Law: Reasonable Repair Guidelines

Under the Californian lemon law, if a person buys a vehicle or any other consumer goods and the vehicle or goods in question develops a serious defect within the warranty period, then the owner is entitled to a full reimbursement or replacement of the vehicle by the manufacturer or the dealer. This protects the interests of the customers.




California Lemon Law: Reasonable Repair Guidelines

Under the Californian lemon law, if a person buys a vehicle or any other consumer goods and the vehicle or goods in question develops a serious defect within the warranty period, then the owner is entitled to a full reimbursement or replacement of the vehicle by the manufacturer or the dealer. This protects the interests of the customers.

The manufacturer gets the opportunity to repair the vehicle in question, but this opportunity is well defined by the law. It states that if the manufacturer is not able to repair the vehicle even after four attempts, in the case of a normal defect or after two attempts, in the case of a serious safety defect or the vehicle cannot be repaired within 30 days of servicing, then the vehicle or the product can be declared a "lemon." Court proceedings can then begin if the owner wants relief.

Defects that fall under this law, those that significantly reduced the use, value and safety of the owner or lessee. There was and still is a lot of confusion and speculation regarding the reasonable number of attempts and the time of the warranty period. The law has been amended some time ago and the warranty period for the vehicle or the product has been extended to eighteen months or 18,000 miles, whichever comes first. Before the amendment, the warranty period extended to 12000 miles or one year.

A reasonable number of attempts should be carried out within this warranty period and if not, the manufacturer is absolved from the responsibility of reimbursement or replacement of the vehicle. The reasonable number of attempts clause becomes void if the owner has damaged the vehicle because of negligence or misuse. The law does not provide for those who have irresponsibly or illegally damaged the vehicle.

California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.

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California Lemon Law: Affirmative Defenses

An affirmative defense is defined as a fact or a set of facts that defeat a claim, even if the facts supporting the claim are true. When a plaintiff files a complaint in a civil or criminal court order to get relief from the court, the defendant can make the claim void by asserting and proving that there are other factors affecting the claim. These could be negligence or the expiry of statute of limitations. In the affirmative defense clause that comes under the Californian lemon law, a defendant can avail of the same if certain conditions are satisfied or proven.




California Lemon Law: Affirmative Defenses

An affirmative defense is defined as a fact or a set of facts that defeat a claim, even if the facts supporting the claim are true. When the plaintiff files a complaint in civil or criminal court, to obtain relief in court, the defendant can make the claim invalid claims, and claims that there are other factors. These could be negligence or the expiry of statute of limitations. In the affirmative defense clause that comes under the Californian lemon law, a defendant can avail of the same if certain conditions are satisfied or proven.

Flaws caused by illegal or unreasonable use of a motor vehicle, following sale or lease are the main reasons behind this kind of defense strategy. This means that if the person availing of this law has abused or misused the vehicle in any way, then the vehicle is not considered to be a lemon and thus cannot come under the relief provided by the law.

Affirmative defenses, in general, are made to protect the defendant from fraudulent claims. Fraudulent claims include damages due to the negligence, misuse or unreasonable use by the person seeking relief.

This may include damage caused due to driving under the influence of alcohol or drugs. Damage caused due to accidents, that are a result of illegal driving, is also considered as negligent driving. "Unreasonable use" is defined as using the vehicle without following the proper guidelines and terms and conditions. These include speed limits, proper maintenance and other mandatory guidelines that are crucial to the efficient working of the vehicle.

An affirmative defense usually acts against the plaintiff. It is important to prove that the damage caused was not due to the negligence of the owner, in order to make the defense void.

California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with Boat Lemon Laws.

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California Lemon Law

California Lemon Law




California Lemon Law

Although all fifty states now have a lemon law on their books, not all of them are the same. Many differ in the requirements, documentation, and benefits that will be covered by the law. In California, the California Lemon Law is pretty cut and dry.

The California Lemon Law allows the purchaser to have an out if the car they purchased turns out to be a "lemon". First, though, the car has to come with the manufacturer's warranty (it can also be a used car as long as the car still has some of the manufacture's warranty attached to it). The car must have a considerable amount of defects warranty reasonable attempts to correct the defects of which is said. In California, the amount of reasonable attempts equals four attempts (two if it's a safety issue) or more than 30 days of loss of service in an eighteen month period.

Since the law is written so clearly, it shouldn't be too hard to figure out if your car falls under the California Lemon Law. Deciding you have a case, though, is just the first step. Since your vehicle has been in the shop and experiencing ongoing problems for some time, this process will feel as if it is taking forever to complete. In actuality, once you have reached the point where you qualify to pursue the lemon law, the process from that point on should only take about 30 to 45 days. If you choose to, you could even hire an attorney who specializes in this type of action and the process may go a bit more smoothly. This is up to you, though, since California does not require you to obtain one.

Once you realize that you are going to have trouble with your new car, there are steps that you should take to make sure you meet the requirements you will need to pursue the California Lemon Law. Documentation of any and all repairs will be necessary, including invoices, time spent in the shop, and any conversations you have had with personnel regarding your car.

Once you have proven that the California Lemon Law covers your vehicle, you should be able to recoup all your expenses. These include the license fees, registration fees, tax, car rentals, and any monthly payments you have made so far; less a usage fee for the miles you've put on the car.

By Ray Walker

Lemon Law Information [http://www.e-lemonlaws.com]

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My Brakes Are Defective on My Brand New Car - You Need the California Lemon Law!

Sound familiar? Maybe this is you; maybe it's someone you know. This statement is spoken by thousands of people every day in the state of California. The difference from years ago, is that now they have the ability to take action in this situation through the California Lemon Law.




My Brakes Are Defective on My Brand New Car - You Need the California Lemon Law!

Sound familiar? Maybe this is you; maybe it's someone you know. This statement is spoken by thousands of people every day in the state of California. The difference from years ago, is that now they have the ability to take action in this situation through the California Lemon Law.

California lawmakers have passed this law that gives consumers the right to fight the large auto manufacturers and if their car is truly a "lemon" they usually win. Now the "little guy" doesn't have to tolerate a defective vehicle. He has an avenue to get relief.

The actual story which I began started a few months ago.

Mr. and Mrs. Jenson happily drive out of the car dealership with their brand new automobile. It's their first high end car and they cannot wait to drive it home. They are looking forward to many enjoyable rides up the California coast to visit relatives and friends.

Mr. and Mrs. Jenson have never heard of the California Lemon Law. Why should they? They never needed it so it was something that wasn't part of their lives. But that changed very quickly.

Within a week, Mr. Jenson, while on a canyon road, discovered that his brakes were feeling spongy. Obviously, driving through a canyon without guardrails frightened him and he immediately slowed down and crept back home.

When he arrived there, he immediately called the dealership. He had an appointment to bring his auto in the next day. And so the cycle began.

After several more trips to the dealership and several more near misses with failed brakes, Mr. Jenson felt that he had to take this situation into his own hands.

A friend of Mr. Jenson told him about the California Lemon Law. He is free within a few days for evaluation, he qualified to apply the law, have you heard. He paid no out of pocket expenses for his lawyer, and a short time later he was given another new car and reimbursed for expenses he incurred because of the defective auto situation.

It's unfortunate that many people do not realize that in situations like this, whether it's brakes or another defective area of your vehicle which is still under warranty, they are covered under this law and have a right to pursue damages. You don't have to pay for that "lemon." You can do something about it.

The California Lemon Law is the automobile buyer's best friend. And remember, your vehicle does not have to be recently purchased like Mr. Jensen's. For further information and a free evaluation, make sure you contact an attorney who specializes in helping consumers like Mr. Jenson.

Think your driving a lemon? - Free California Lemon Law Case Evaluation - Get yours now!

California Lemon Law Attorney - Get the answers you need today!

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What Are Your Rights Regarding the California Lemon Law?

The California Lemon Law was passed to protect consumers against 'lemons' and to have a foothold when trying to fight the large and powerful automobile manufacturers. This law legally protects consumers so that there is some retribution if they in fact, bought a lemon.




What Are Your Rights Regarding the California Lemon Law?

The California Lemon Law was passed to protect consumers against 'lemons' and to have a foothold when trying to fight the large and powerful automobile manufacturers. The method has legal protection so that consumers have some revenge, if they in fact bought a lemon.

Formally known as the Song-Beverly Consumer Warranty Act, this law is the consumers best friend when purchasing an automobile, RV, truck, SUV; basically any vehicle that is for personal use and is still under warranty whether it is a new or used. Vehicle warranties are stated in very clear language and if the vehicle does not live up to what was promised, then this law can kick in.

What's most important with the California Lemon Law is the rights it gives you, the automobile consumer.

o The right to sue the manufacturer for a replacement or for your money back.
o The right to have the manufacturer pay you for any payments made on the vehicle
o The right to cover costs like a rental car
o The right to cover costs such as towing
o The right to cover costs regarding anything else where you paid expenses having to do with the vehicle

There is also some information that is important for you to know if you are in a situation that you have to look to the California Lemon Law:

o If the defect cannot be fixed after a reasonable number of attempts, then the consumer will get a replacement or full refund
o The above will also include payments that were paid during the time of the ownership of the vehicle
o The law also includes the cost of a rental car, towing and any other expenses associated with the lemon vehicle

Although all the above can occur with this law as well as there being many rights for the consumer, you more than likely will need an attorney to help you wade through all of the paperwork and legalese. You see, manufacturers can dispute your claim and very seldom will just roll over and give you anything you want.

Just remember, the California Lemon Law is on your side and you have many rights that a good Lemon Law attorney will advise you of. Also, many attorneys will give you a free consultation as well as forego any out of pocket expenses to begin your lawsuit. This law was put there for you if you own a lemon.

Don't feel it's too much trouble or you won't win. Most consumers that qualify for this law do in fact win. Don't live with that lemon any longer; fight for some justice. After all, it is your right.

Think your driving a lemon? - Free California Lemon Law Case Evaluation - Get yours now!

California Lemon Law Attorney - Get the answers you need today!

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California lemon law exists, but what you do with it?

The California Lemon Law, better known in legal circles as the Song-Beverly Consumer Warranty Act, was put into place to aid the vehicle consumers all over California. It includes coverage for automobiles, recreational vehicles, trucks and any vehicle that is under warranty and used for personal use, not business.




The California Lemon Law Exists, But What Do You Do With It?

The California Lemon Law, better known in legal circles as the Song-Beverly Consumer Warranty Act, was put into place to aid the vehicle consumers all over California. It includes coverage for automobiles, recreational vehicles, trucks and any vehicle that is under warranty and used for personal use, not business.

Generally speaking, what does this Lemon Law in California say?

This Lemon Law very briefly says that if any personal vehicle that is purchased and still under warranty is unsafe, defective or is malfunctioning and the problem persists, then the consumer is allowed to get his money refunded or the vehicle replaced with one of the same value.

So what should you do if you feel you have a vehicle covered under the California Lemon Law?

First of all, you should contact the dealer and manufacturer, immediately, if you are having a problem with your vehicle. The dealer must make several attempts to repair the lemon vehicle in question. If your vehicle was in the repair shop for at least 30 days (not necessarily consecutive) then that vehicle, according to the law, is classified as a lemon.

Is that the only way I can qualify?

No; your vehicle is also considered a lemon if your vehicle was brought to the dealer more than once to correct a defect that could cause injury or even death if the vehicle is left in the condition it's in. This will also qualify the vehicle under the California Lemon Law.

Is there any period of time that my vehicle will no longer be qualified?

If the car that might be a lemon is still under warranty, then you can qualify for this California law. This basically means that even if the vehicle is several years old and came with an extended warranty, then it can still qualify. The amount of time will not suspend this law.

Also, this law allows up to a period of four years after the problem was discovered to actually put in a claim against the dealer/manufacturer.

Do you need an attorney to deal with this situation?

No, but I would highly suggest it. The California Lemon Law gets very complicated and you want to hire an attorney that has a history of successful lemon law cases to work with you. There are also some attorneys that will work with you without any out of pocket expenses. Remember, this law in California not only serves those that have lemons which are new vehicles, but also those that are used but still under warranty.

Finally, make sure that all documentation, etc. original documents, because your lawyer will need them. This law is there to aid consumers when they have to go up against the large auto manufacturers.

Think your driving a lemon? - Free California Lemon Law Case Evaluation - Get yours now!

California Lemon Law Attorney - Get the answers you need today!

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Problem With Your Vehicle in California? Know More About the California Lemon Law

Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance.




Problem With Your Vehicle in California? Know More About the California Lemon Law

Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance. These products are commonly referred to as "lemons". There are both state and federal lemon laws that protect the interests of consumers. The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.

The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.

If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value, California State Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.

Circumstances in which the consumers seek protection under California Lemon Law:

The defect of the product is a manufacturing defect

The vehicle has been repaired at least four times and still the defect persists.

The defect is detected but not repaired within the period of 18 months or 18,000 miles.

There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as "cutting off" or "stalling"; (2) send a certified, return receipt requested letter to the manufacturer's consumer relations office and the manufacturer's nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state's lemon law, request a refund or replacement, less depreciation, of the vehicle.

Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.

Access http://www.LemonLawAmerica.com more information on the country experienced lemon law and consumer protection tips lawyers.

Ronaldo Wagh
California Lemon Law � Your source for State Lemon Laws and Free Case Review.

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