New/Used CarCalifornia Lemon Law Attorneys
Howard Silver is a consumer advocate, typically representing individuals in California lemon law cases.
At the Law Offices of Howard D. Silver, the experienced California lemon law attorneys help people who bought new cars get the refunds they're legally entitled to after months of fruitless repairs.
If you bought a new vehicle, only to spend more time in the shop than on the road, you may have bought a "lemon" -- a new car that's simply no good. Most people spend thousands on new cars precisely to avoid having to spend lots of time and money on repairs -- but for owners of lemons, nothing seems to work. You may have repaired the same problem multiple times with no luck, had to fix multiple problems in a short period or have mechanical problems that simply make the vehicle unsafe.
The California Lemon Law
Fortunately, the legislators of the State of California have enacted something called the Song-Beverly Consumer Warranty Act, part of which is commonly referred to as the "Lemon Law". At its essence, the California Lemon Law requires anyone who promises to repair a vehicle, to keep their agreement, or to repurchase or replace your vehicle, if they don't. The law applies to any vehicle with a warranty, including used cars that come with a warranty from a dealership or manufacturer. The law also extends to all types of motorized vehicles, including cars, trucks and the chassis portion of a motor home. In fact, any vehicle acquired for personal, family and sometimes even business use, whether purchased or leased, falls under the jurisdiction of the California Lemon Law.
Your New Car Warranty and the CA Lemon Law
A major component of the California Lemon Law are the terms of the warranty. A warranty is a promise to make something work properly or to maintain its usefulness or performance for a specified period of time. Under the Lemon Law, violation of that warranty occurs when a defect in the vehicle substantially impairs its use, value, or safety. Warranties are legal documents, and many of the terms and conditions used in them can be difficult to decipher. The assistance of a CA Lemon Law Attorney can be of paramount importance in determining what defects warranties cover and the best way to proceed when it comes to the circumstances of your particular case.
The tenants and statutes in the Song-Beverly Consumer Warranty Act are complicated and easily misunderstood. Without an experienced California Lemon Law attorney, navigating the Lemon Law minefield can be very difficult. To have a solid case, the following must be established:
- That the vehicle in question was legally purchased or leased in CA
- That a valid warranty exists
- That the vehicle failed to perform as represented in the warranty
- That upon learning of the defects, the vehicle was delivered to an authorized repair facility to be repaired
- That the authorized repair facility failed to repair the defects after a reasonable number of opportunities
- The vehicle manufacturer or distributor or the Company that issued the warranty, did not replace or reimburse the consumer for the value of the vehicle
Obviously, these instructions can be vague and interpreted different ways. Nebulous terms like "reasonable number of opportunities" are variables that need to be argued by experienced Lemon Law Lawyers. If your vehicle is determined to be a lemon, you have the right to choose a refund instead of a replacement vehicle. You cannot be required by the manufacturer to accept a replacement vehicle instead of a refund. In addition, you may be able to get reimbursement for repair, towing and rental vehicle costs. Having competent counsel on your side can also help force action from the entities responsible for the repair or replacement of your defective vehicle.
Contacting a California Lemon Law Attorney
Purchasing a vehicle, especially a new car, can be an exhilarating and rewarding experience. The automobile in America, and specifically in California, represents much more than a means of transportation. In so many ways, our automobiles are reflections of our personalities and a prime example of the unrestrained freedom that so many of us value so highly. If you live in California, chances are you need a car to live your daily life. In any case, buying or repairing one shouldn't be a personal and financial nightmare.
Therefore, if your car problems have become nightmarish, call the Law Offices of Howard D. Silver. Our attorneys have focused for decades on helping victims of "lemon" cars, which means we understand California automotive law inside and out. We specialize in getting swift and complete settlements, refunds and exchanges for our clients -- and our success rate is over 95%. If you've been taken advantage of, call the Law Offices of Howard D. Silver today at 1-866-49-LEMON, or fill out our confidential online consultation form, for a free evaluation of your case.
These are some of the legal areas focused on by the Law Offices of Howard D. Silver. Click on any of these subject headings to see if your problem might require the assistance of a lawyer to resolve.
California Lemon Law
Are you having more problems with your car than you should be? California law protects consumers when they buy a "lemon."
Click here to find out how >>
Used Car Fraud in California
Are you having problems with a used car that the seller should have told you about?
Click here to find out what you can do even after you've bought the car >>
Car Repair Fraud in California
It's estimated that body shops in California commit fraud in 40% of all repairs.
Click here to find out how to protect yourself >>
Unfair and Deceptive Business Practices in California
Under CA lemon law, all consumers have the right to be free of unfair business practices. That means nobody in our state should be able to get away with lying, deceiving or misleading you in order to get your money. That right is especially important when automotive fraud is involved, because used cars and auto repair can be extremely expensive, straining the budgets of ordinary drivers who simply trusted the wrong people. If you've asked for a refund using the CA lemon law and gotten nothing back, it's time to take it to the courts, with help from the Law Offices of Howard D. Silver. Have you been "ripped off" or taken advantage of when you purchased goods or services?
Click here to find out how to get your money back >>