Welcome to the Lancelot Law Firm, your trusted advocates in Lemon Law matters. If you’ve purchased a defective vehicle and are experiencing repeated problems, you may be entitled to relief under Lemon Law statutes. We are here to help you understand your rights and pursue the compensation you deserve.
Why Choose Lancelot Law
A lemon law attorney is a lawyer who helps individuals and consumers obtain a refund or a repurchase if the car manufacturer fails to repair their new vehicle according to its warranty in violation of California lemon law.
Contact us if you keep having repeated mechanical problems with your vehicle.
What are the “Lemon Laws” of California
Lemon Law refers to a set of state and federal laws designed to protect consumers who purchase defective vehicles, often referred to as “lemons.” These laws provide consumers with legal recourse if they unknowingly purchase a vehicle that has significant defects or mechanical problems that cannot be repaired by the manufacturer or dealership.
The specifics of Lemon Law statutes can vary by state, but they typically cover new vehicles that have substantial defects or issues that affect their safety, value, or use. To qualify for protection under Lemon Law, the vehicle usually must meet certain criteria, such as:
- Defects Occurring Within a Specific Timeframe: Lemon Law protections typically apply within a specified timeframe or mileage limit, often within the first few years of ownership or within a certain number of miles driven.
- Number of Repair Attempts: The law typically requires the manufacturer or dealership to attempt to repair the defect a certain number of times within a reasonable period. If the defect persists after multiple repair attempts, the vehicle may be deemed a lemon.
- Duration of Inoperability: Some Lemon Laws also consider the duration of time that the vehicle is out of service due to repairs. If the vehicle is in the shop for an extended period without being repaired satisfactorily, it may qualify as a lemon.
Our Lemon Law Services Include
- Case Evaluation: We offer a free initial consultation to discuss your case and evaluate your options under Lemon Law statutes.
- Legal Representation: Our attorneys will represent you throughout all stages of the legal process, from negotiating with the manufacturer to litigating in court if necessary.
- Demand Letters: We will draft and send demand letters to the manufacturer outlining your rights under Lemon Law and demanding appropriate relief, such as a refund, replacement vehicle, or cash settlement.
- Negotiation: We will negotiate with the manufacturer on your behalf to reach a fair and favorable resolution, avoiding the need for costly and time-consuming litigation whenever possible.
- Litigation: If a settlement cannot be reached through negotiation, we are prepared to litigate your case in court to pursue the compensation you deserve.
What is The Song-Beverly Consumer Warranty Act?
The language of the Song Beverly Consumer Warranty Act states that a manufacturer who provides a warranty with a sale of a product needs to ensure that it will be able to repair said product according to its warranty. If the manufacturer fails to repair the defective product within a reasonable number of attempts, the manufacturer should either buyback the product or replace it.
The repair or replacement requirement of the act provides for a detailed regulation of express and implied warranties in the State of California. The Song Beverly Consumer Warranty Act begins with §1790 of the California Civil Code and ends at §1795.8. The Song Beverly act itself includes many subparts and subsections, such as the Tanner Consumer Protection Act.
Breach of Warranty
A breach of warranty occurs when a seller or manufacturer does not fulfill the terms and conditions of a warranty agreement that they provided to the buyer at the time of sale. Warranties are assurances or guarantees made by the seller regarding the quality, condition, or performance of a product or service. There are two main types of warranties: express and implied warranties.
- Express Warranty: An express warranty is a specific promise or representation made by the seller to the buyer regarding the quality or performance of the product. This can include statements made verbally, in writing (such as in manuals or ads), or through verbal demonstrations.
- Implied Warranty: Implied warranties are not explicitly stated by the seller but are instead implied by law based on the circumstances of the sale. The two primary types of implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability implies that the product is fit for its ordinary purpose and is of acceptable quality. The implied warranty of fitness for a particular purpose implies that the product is suitable for a specific use intended by the buyer, even if not explicitly stated by the seller.
A breach of warranty occurs when the product or service does not meet the terms of the warranty agreement. This could involve the product being defective, failing to perform as promised, or not meeting the standards of quality or fitness for a particular purpose. When a breach of warranty occurs, the buyer may be entitled to remedies such as:
- Repair or replacement of the product
- Refund or reimbursement of the purchase price
- Damages for any losses or injuries caused by the breach
It’s important for both buyers and sellers to understand their rights and obligations regarding warranties to ensure fair and transparent transactions. If a breach of warranty occurs, parties may need to seek legal advice or mediation to resolve the issue satisfactorily.
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