“As
is” Condition: A car that
is sold “as is” is likely
sold with no warranty, thereby usually
imposing no duty on the dealer or seller
to make any repairs, regardless of the
vehicle’s condition, unless there
are other legal concerns such as a misrepresentation
or fraud.
Arbitration:
Arbitration is an informal legal process
that consumers may use to obtain a resolution
of their lemon law case. The decision
of the arbitrator is not legally binding
on the consumer, but it is binding on
the manufacturer. It is a dangerous tool
to use, however, because a decision against
the consumer may be used by the manufacturer
at any future legal proceeding, and that
decision has the same weight as if made
by a judge in a court of law-even thought
the arbitrator may have no legal experience
or automotive expertise. Note too, that
in California, arbitration is not a prerequisite
for filing a lemon law claim or filing
a lawsuit against a manufacturer. And
don’t let the dealer tell you otherwise.
Finally, before resorting to arbitration,
ask yourself “Who is paying for
the arbitration?”
Demand Letter
to Manufacturer: A written statement
sent to the manufacturer which describes
the motor vehicle, its defects, and the
attempts made to repair such defect(s)
by a manufacturer’s authorized repair
facility.
Express Warranty:
A written warranty, issued by the manufacturer
of a new motor vehicle. The express warranty
provides certain promises concerning the
vehicle’s condition, fitness for
use, and the manufacturer’s obligations
to repair the vehicle, including any terms
or conditions under that warranty.
Incidental Charges:
These are reasonable costs which may have
been incurred by the consumer as a result
of the vehicle’s defect(s). These
may include towing charges, car rentals,
and other related out of pocket expense,
but do not include loss of use, loss of
income, or personal injury claims.
Lemon Laws:
Lemon Laws of most states provide that
a new car (and in California also a used
car, if it was purchased with the original,
manufacturer’s new car warranty
still in effect), may be returned to the
manufacturer for a refund or a replacement
if the vehicle has substantial warranty
defects which have not been repaired within
a reasonable number of attempts by the
manufacturer’s authorized repair
facility, or if the vehicle is out of
service at an authorized repair facility,
for more than 30 days within the first
18 months of 18,000 miles. In California,
two attempts if safety related; otherwise
four repair attempts.
Magnuson-Moss:
A federal Act, which is a group of laws,
which provide legal rights for consumers.
Mediation:
Mediation is an inexpensive, informal
procedure for dispute resolution. It does
not required that you hire a lawyer nor
that you go through the court system..
It is a flexible procedure allowing for
more creative settlements. Both parties
must agree to use the resolution process,
but it may be less effective in getting
a manufacturer to agree to a refund or
replacement vehicle. Most states do not
offer mediation programs as part of their
offerings to help consumers in Lemon Law
disputes.
Reasonable Number
of Repair Attempts: Most state
laws count “repair attempts”
as occasions when you make the vehicle
available to a manufacturer’s authorized
repair facility, regardless of whether
the dealer verifies the defect or makes
an attempt to repair it. In California,
only two safety related repair attempts,
if unsuccessful, is reasonable. Non safety
related defects, however, require four
or more unsuccessful attempts of a substantial
defect to establish a reasonable number
of attempts, or 30 days out of service
for any combination of repairs if they
occur within 18 months or 18,000 miles
from the date of first delivery.
Repair Order:
The Repair Order is usually the final
document prepared by the service department
cashier after work has been completed
on your vehicle. This document is usually
more comprehensive than the original work
order and should be retained by you for
your records.
Repair Order
Log: Click here to view and print
our Repair Order Log (www.californialemonlawrepairorderlog.com).
We have developed this log for your convenience
which will help you to summarize your
concerns, problems, and repairs.
Replacement Vehicle:
In California, the consumer has the option
of electing either a replacement vehicle
(typically same year and model with the
same accessories) or reimbursement (getting
your money back). In almost every case,
we recommend our clients opt for reimbursement
and then use that money toward the purchase
or lease or any other vehicle.
Safety Defect
or Safety Non Conformity: This
is a manufacturing defect which creates
a risk of a life-threatening malfunction.
Substantial defects such as steering or
brake system failures may be examples
of safety-related defects.
Service Contracts
(Extended Warranties): Service
contracts and extended warranties are
basically insurance policies. The consumer
pays an additional amount to the seller
or a third party for protection against
defects beyond those that are covered
by the manufacturer’s express and
implied warranties, but such contracts
are not warranties, and they do not apply
to, or extend your rights under California’s
Lemon Law statutes. Also, the manufacturer
is not required to reimburse you for these
contracts, although most may be cancelled
if your vehicle is repurchased and the
full or partial premium may be separately
recovered from the seller of the contract.
Substantial Non-Conformity:
This means a manufacturing defect that
significantly impairs the safety, use,
or value of a vehicle. Whether a defect
is substantial is a decision for the arbitrator,
judge, or jury, but minor or cosmetic
problems are not considered to be substantial
defects.
The Uniform Commercial
Code (UCC): In addition to your
rights under state Lemon Laws, and the
federal Magnuson Moss Warranty Act, the
Uniform Commercial Code is a set of state
warranty laws, which may be used in limited
circumstances in dealing with the manufacturer
or dealer.
TSB:
Technical Service Bulletin is a bulletin
issued by the manufacturer to its dealers
and service departments, usually pertaining
to a problem commonly found in vehicles
like yours. When bringing your vehicle
in for repairs, ask the service technician
if the manufacturer has issued any TSB’s
relating to your vehicle for the same
or similar problem.
VIN (Vehicle
Identification Number): This
is the manufacturer’s number which
you can find on your vehicle or on your
title. It is also included on each repair
order.
Work Order:
The initial document given to you by the
service or technical representative at
the dealership when bringing your vehicle
in for repairs. Be sure to check the work
order for correct date, odometer mileage,
and that the items you complain of are
as your described them.
California
Lemon Law Specialists - the difference
is in our service.
With
our "no recovery - no fees"
policy, if you do not recover a satisfactory
settlement, you pay nothing. And we do
not require a retainer. Your portion of
the attorneys' fees only comes out of
the monies we recover for you from the
manufacturer.
Call
1-888-EX LEMON for a free consultation.
You then mail or fax your documents to
us for our legal and financial analysis.
Once we have reviewed and accepted your
case, discussed it with you, and you have
retained our firm, we do it all. Your
main requirement after that will be to
return the vehicle to the manufacturer,
with no more than normal wear and tear,
and receive your payment.
Free
California Lemon Law Case Review - Find
out if you qualify!
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