California Lemon Law

posted by admin on Nov 5

Sometimes an automobile purchaser is not successful in obtaining a refund or replacement for a defective vehicle bought under warranty from manufacturer. The manufacturer may make some unsuccessful attempts to repair the vehicle and do little else. Because California Lemon Law expressly states that the purchaser is entitled to a refund or replacement under such circumstances, a case can be filed against the manufacturer.

The legal process of enforcing the California Lemon Law obviously requires an attorney who is experienced in this legal field. Once the purchaser decides to file a case against the manufacturer, the attorney will have to be filled in on the various details pertaining to the vehicle. For instance, the following details will be called for:

• The make and model of the vehicle
• The year of manufacture
• Current mileage (and mileage at the time of sale in case of used vehicles)
• Name, address and contact details of the dealer
• The date the purchase or lease was made, along with a copy of the document
• The details of the warranty
• A detailed list of the problems encountered by the purchaser
• The number of attempts made to repair the vehicle
• The number of days for which the vehicle was under repair

A good Lemon Law attorney will obtain either a replacement or a refund for the disputed vehicle and have the manufacturer cover the costs incurred by the consumer during the use and repair of the vehicle, as well as legal fees. The attorney should not charge for an initial consultation and evaluation of your case.

Attorneys specializing in California Lemon Law cases are in great demand, and many of them offer toll-free telephone numbers for evaluations. You can usually fax or email the basic details to them for this purpose.

posted by admin on Nov 5

California Lemon Law is a collective term that represents various legal codes. These are broadly prescribed by the Civil Code Section 1790-1790.4 – (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 – (Tanner Consumer Protection Act), statutes by the California Attorney General’s Office and others.

Once an attorney has told you under which code your case falls under, you will need to gather the documentation for your vehicle’s defects. These documents should describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. You will also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle (particularly the sales contract), the vehicle’s owner manual and the warranty covering it.

You will then have to fill out a questionnaire/interactive complaint form from the Californian Motor Vehicle Warranty Rights Act department. After this is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork is processed by the law office.

To initiate the process of a claim under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty. A copy of this should be sent to the Consumer Affairs Department and/or Attorney General.

The forms that will eventually need to be filled may include the:

• Office of Consumer Protection Complaint Form
• Lemon Law Complaint Form
• Generic online complaint form (to be downloaded, filled out and submitted to initiate a claim under California Lemon Law.)
• Forms to outline the purchase and repair history of the vehicle, also downloadable.

All forms should also be available at the:

• New Motor Vehicle Board – www.nmvb.ca.gov
• Department of Consumer Affairs Bureau of Automotive Repair
• Department of Motor Vehicles Bureau of Investigations – www.dmv.ca.gov
• Local District Attorney’s Office
• Office of the Attorney General, Public Inquiry Unit – www.caag.state.ca.us

posted by admin on Nov 5

The California Puppy Lemon Law, despite the rather specific name, is not limited to small dogs alone. It covers cats as well as dogs, and there are no age-related parameters. The California Puppy Lemon Law basically pertains to the California Health and Safety Code. It specifically concerns itself with a cat or dog’s health at the time of purchase.

In essence, California Codes Health And Safety Code Section 122125-122220 defines the term ‘pet dealer’ of cats and dogs. Section 122125 states that this is a person who sells animals on a retail basis. It also states that a dealer requires an official permit for such a business. Further sections define that a ‘purchaser’ is any person who buys a pet from a dealer without intending to resell it.

A dealer is required to ensure that healthy animals are kept separately from those that are sick. In other words, there should be no doubt in a purchaser’s mind that the pet purchased is healthy.

The California Puppy Lemon Law further states that a seller must make a purchaser aware of the benefits of neutering and spaying pets. The purchaser must be given written material supporting this. The dealer should additionally offer incentives for such procedures.

Further, the dealer must give documentation of every animal’s heritage – the name and address of the breeder or broker. The purchaser must also be given the animal’s date of birth and a vaccination/immunization/surgical record. The buyer is also supposed to receive a clear statement of any disease that the animal is suffering from at the time of purchase.

Under California Puppy Lemon Law, the dealer is legally liable if:

• The dealer has failed to maintain the specified health standards.
• A licensed veterinarian states in writing that the animal fell sick within 15 days of purchase.
• A licensed veterinarian states in writing within a year of purchase that the animal has a congenital or hereditary disease that requires extensive hospitalization, and from which recovery is doubtful.