California Lemon Law Topics:
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Consumers top-6 questions with answers.
In
my 24 years of practicing lemon law, the most-often asked
questions asked by consumers are:
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“Should
I write or call the manufacturer about my vehicle?” Answer: California has no requirement for the consumer to call or write the
manufacturer about their defective/problematic
vehicle.
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“Is
the dealer responsible for buying back my “lemon”
vehicle?” Answer:
The selling and/or servicing dealership has nothing to
do with a lemon law claim, nor does it have any
responsibility to buy back the vehicle. This
responsibility falls on the car manufacturer.
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“Am
I required to go through Arbitration?” Answer: No. Consumers in California have no requirement to utilize the
Arbitration process which, by the way, is funded by
the automobile manufacturers, so it’s hardly
“unbiased”.
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“How
many repair attempts for the same issue must I have to
qualify?” Answer: Though the
bare-minimum under the statute is 2 warranty repair
attempts, the actual number of repair attempts will be
established by these factors: miles on vehicle, nature
of defect/problem, number of repair visits where
actual repairs are done to the vehicle, establishment
of level of substantial impairment of use or safety of
the reported defect/problem. (other factors may apply
to specific cases).
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“I
purchased my vehicle “AS-IS”. Do I have lemon law
rights?” Answer:
California’s lemon law is about vehicle
warranty repairs. “AS-IS” means there is no
warranty, and thus no lemon law applicability.
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“I
contacted the manufacturer, and they said my vehicle
does not qualify for lemon law”. Is this true? Answer: Whether you
received this answer by letter or by telephone, it
does not mean you do not have a “lemon” or
a lemon law case. This is the juncture when you, as
the consumer, provides me with the repair history
information on your vehicle so that I may make an
assessment on the repair history towards potential
lemon law case applicability. Remember – automobile
manufacturers are always going to protect their
position, which means they don’t want to buy back
your vehicle unless forced to.
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