Lemon Law Attorneys In Menlo Park
Nothing troubles you more than a defective vehicle that puts you or your loved ones in danger on the road. Thus, if you have a defective vehicle or a lemon on your hands, you need to call in Braff Injury Trial Law Group. Our experienced and skilled lemon law attorneys in Menlo Park will pursue your case and charge on contingency basis. That is no cost to you till we help you get the refund or win damages for the lemon.
It is important to remember that the warranty for a defect in a vehicle does not expire if a manufacturer cannot repair an issue within the warranty period. However, you have to inform the manufacturer or an authorized dealer in writing regarding the continuous problem and the defect within 60 days after the last unsuccessful attempt at repair.
The manufacturer is responsible for optimized vehicle safety and utility but only until the first time the consumer brings the vehicle back for defects. Manufacturers will try to negotiate better terms but that violates the law.
Why wait when you have the opportunity to consult with successful attorneys free of any cost? It may be difficult for an individual, who does not know the legal proceedings or Lemon law, to become compensated for their losses from a manufacturer or authorized dealer of a vehicle. Therefore, it is prudent not to go directly to an authorized dealer or contact a manufacturer to resolve the issue. Contact experienced Lemon law attorneys at Braff Injury Trial Law Group in Menlo Park.
The “Lemon law presumption” affects the burden of proof in a Lemon law case. This is the only part of Lemon law where the need for 4 repair attempts within the first 18,000 miles has been mentioned. A manufacturer has to prove that it did not receive sufficient opportunity to repair a vehicle –
If a vehicle has been brought to an authorized dealer or manufacturer for repair for four times within the first 18 months since the date of delivery or within the first 18,000 miles
If a vehicle was out of service for 30 days or longer within the first 18,000 miles
If the defect of a vehicle has the possibility of causing death or serious physical injury and the consumer has had two or more repair attempts within the first 18,000 miles and has notified the manufacturer directly regarding the need for repair.
However, the ‘burden of proof’ shifts to the consumer if an authorized dealer or a manufacturer receives more than one, however, less than 4 opportunities for the repair.
Many Lemon law claims are resolved without requiring the application of Lemon law presumption. A consumer may have a Lemon law case if he/she can prove that the manufacturer has received reasonable number of attempts to repair a defect within the warranty period.
FAQs about California’s Lemon Law
1. Is it necessary for a consumer to go to court for the ‘Lemon’ law to help them?
At Braff Injury Trial Law Group, we know that it is not mandatory. The auto-manufacturing companies usually offer an arbitration program certified by the state to help in resolving the dispute. In this scenario, a consumer has to request for arbitration in order to claim the benefits of the ‘Lemon’ Law Presumption. However, a consumer has the liberty to accept or reject the decision of an arbitrator.
2. Is going through arbitration necessary before beginning a ‘Lemon’ law claim?
No, it is not mandatory and consumers can seek legal counsel if they are unhappy with the result of arbitration.
3. What is ‘buyback’ under Lemon law?
In this process, the manufacturer of your ‘Lemon’ vehicle will repurchase the defective vehicle and will reimburse you for the –
• The monthly payments made by you
• Current registration fee
• Outstanding auto loan
After repurchasing the vehicle, the manufacturing company brands the title as ‘Lemon’ law buyback. An auto-manufacturer will deduct the ‘mileage offset’ when reimbursing a consumer in Menlo Park.
It is calculated using the mileage that was recorded on a vehicle when an issue first started. This mileage is divided by 120,000 and multiplied by a vehicle’s purchase price.
An equation is set forth under the statutory law. The deducted amount is considered to be a credit to the manufacturer for the “good miles” on a vehicle before something went wrong.
A manufacturing company will not repay the cost of the items which were not installed by them. There is no definite rule about what is going to be included in a buyback and which costs are going to be deducted by a manufacturer. It is prudent to retain the service of an experienced Lemon law attorney at Braff Injury Trial Law Group, who can recover maximum compensation for your losses.
Lemon Law Attorney in Braff Injury Trial Law Group
Both new and pre-owned vehicles (with manufacturer’s warranty) are covered by California’s Lemon law. Under this law,
A vehicle’s manufacturer or authorized dealer has to repair a serious defect that negatively impacts the safety of the vehicle, reduces its value and impairs its performance. However, the defect has to be covered by the manufacturer’s warranty.
If the defect cannot be repaired, then a manufacturer has to –
o Replace the defective vehicle with a properly functioning new vehicle of similar make and model or,
o Refund the purchase price of a vehicle to the consumer
Don’t feel frustrated if you believe that your vehicle is a Lemon. Contact Braff Injury Trial Law Group today. It is essential for a consumer to directly notify a manufacturer if the requirements for direct notice and provisions of the Lemon law have been clearly disclosed to the consumer on a warranty or owner’s manual.
Does the Lemon law cover the vehicles bought “as-is”?
No. A vehicle needs to have either Manufacturer’s warranty or Dealer’s warranty in order to be covered by the Lemon law. You are disclaiming any warranty when purchasing a vehicle ’as-is’.
In this scenario, a consumer may file a fraud claim against a seller. The “as-is” purchase provision does not invalidate ‘fraud’ claims. If a dealer or manufacturer does not comply with the law of clearly and conspicuously disclosing the ‘as-is’ terms, then consumers may file a Lemon law claim. At Braff Injury Trial Law Group, we know that our Lemon law attorney can make the best decision in this matter.
Let the Braff Injury Trial Law Group get you the compensation you deserve and ensure your rights are protected. Call us today.
Consultation Office (Call for an appointment)
750 Menlo Ave, #200B,
Menlo Park, CA 94025