Lemon Law Questions
There are a number of legal and factual issues that regularly arise in various California lemon law cases. Below are some Frequently Asked Questions we routinely encounter during our Lemon Law litigation and advocacy. Keep in mind that the following information is based on general California law, which is continually subject to change and dependent on the facts of each individual case.
Iif you believe you have a potential Lemon Law claim, contact an attorney at Rosner, Barry & Babbitt, LLP for a free consultation. We litigate throughout the state of California, including but not limited to, San Diego, Los Angeles, Orange County, Imperial, San Bernardino, Riverside, Ventura, Fresno, and the Bay Area. Please contact our law firm with any additional questions.
The term of your warranty, moreover, is extended for the number of calendar days the product is out of service by reason of repair.
What constitutes a “reasonable” number of repair attempts is a question that can best be answered on a case-by-case basis. With over 20 years of experience, our firm can provide a quick, cost-free evaluation as to whether your vehicle qualifies for protection under the California Lemon Law.
If you choose to have your vehicle repurchased, you’re entitled to a refund of all monies invested in the lemon, including down payment, monthly finance payments and payoff of the finance contract. In either the case of a replacement or repurchase, you are also entitled to recover expenses such as towing costs, rental car fees and repair costs.
The manufacturer or retailer is entitled to deduct from your recovery (or charge you in the case of a replacement vehicle) an amount for your use of the lemon vehicle prior to the first repair attempt. The Lemon Law provides a formula that calculates the so-called “mileage deduction” as follows: mileage at the time of the first repair attempt of the defect, divided by 120,000, times the actual price paid or payable by the buyer. So, for example, if your vehicle had 12,000 miles the first time the manufacturer’s representative tried to fix the vehicle, and you paid $20,000 for the vehicle, there would be a $2,000 deduction from your recovery under the Lemon Law.
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