Suppose you have bought a car, which turns out to be a lemon. That is, it has repeated nonconformities as to the quality and safety and unfixable problems. In such instances, you may seek lemon law remedies and get a refund or replacement vehicle. However, the first thing you want to clear out is where you need to go if you have a problem with your car.
Know your rights. The California Lemon Law protects you when you buy a lemon or a defective vehicle, which cannot be repaired after a reasonable number of attempts. The law will also require the manufacturer to either replace or repurchase the vehicle.
Manufacturer / dealer first. If you see that your car qualifies for a lemon under the law, you need to take it to the manufacturer or dealer for repair. The problem needs to be fixed after a reasonable number of repair attempts. Generally, the law has specific guidelines to determine the reasonable number of attempts.
Used cars. The Lemon Law also applies to used vehicles. In this case, they should be under a manufacturer’s new car warranty. The timeline stated on the warranty protects the car owner within its duration.
State-Certified Arbitration Process. If your vehicle cannot be repaired after a reasonable number of attempts, you may wish to apply for the arbitration process. This means, that a neutral third party (the arbitrator in this case) will determine whether a reasonable number of repair attempts has been made. The arbitrator will also decide what award the consumer shall receive. You may consider this award and either accept or reject it. Arbitration is a free process and a relatively simple way of handling this kind of disputes.
Negotiations for a Settlement. Before proceeding to formal litigation, your attorney may conduct negotiations to resolve the dispute. The circumstances of your case and the reputation of the attorney engaged play a decisive role in the final outcome. Your rights will depend on the laws of your state. If the arbitration does not work any good for you, you may head to litigation. However, you need to know that in many cases your claim may be resolved without going through formal court proceedings. It is a general fact, that manufacturers have no incentive to engage in lengthy and costly litigation if they believe they will not win the case.
Formal Litigation. If the arbitration or negotiations fail or do not leave you with favorable outcome, you may file a lawsuit and move to the litigation process. As such, the merits of your case will somewhat decide its outcome. However, these merits and the overall validity of the claim should be checked by a skillful and knowledgeable attorney. The consumer lawyers and the attorneys at the Margarian Law firm have a formidable reputation in winning multiple lemon law cases. They will counsel you on your rights free of charge and litigate your case on terms agreeable for you.
