Asked 12 months ago - Oakley, CAFlag
They want us to make the payment even though we don't have the car. They keep giving us excuses why it's not ready
The presumption (not a legal requirement) in California is that a car is a lemon if it is out of service for repairs four times for the same defect, or 30 days for any combination of defects, during the first 18 months or 18,000 miles. This applies if the defect(s) substantially impair the use, value or safety of the car. A bad transmission would qualify. It sounds like you are close to meeting the presumption. You should consult an experienced lemon-law attorney licensed in California for review of your sales and repair documents and for advice about what to do next and when. The Law Offices of Martin Putnam are located in Oakland and can assist you.
Sorry this is happening to you.
Since this is a new vehicle it almost certainly came with a new car warranty. If it is out of service this long from the start, the odds are strong that they should have to either replace or repurchase it from you. Feel free to contact my office for a free consultation. We handle lemon law matters statewide and have been doing so for a decade. We've handled matters against every major manufacturer and they WILL take us seriously.
Feel free to visit our website: http://www.CaLemons.com
It sounds like you've got a "ripe" lemon law claim, meaning, that after a certain number of days, or a certain number of repair attempts, if the dealer is unable to repair the car you can bring a warranty claim (lemon law claim) against the manufacturer.
I am not an attorney in CA, but three weeks is a long time to wait...
In FL if the car is in for repairs for more than 15 days, then you can send the notice to the manufacturer for you lemon law claim, and the process begins. CA may be different.
You need to consult with a experienced lemon law attorney in CA. Scott Kaufman is who I would recommend. You can find his profile here http://www.avvo.com/attorneys/95050-ca-scott-ka...
Or you can find one here: www.naca.net
Every state has its own Lemon Law and whether your vehicle is a lemon depends on Florida’s law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summari.... For Florida, there are 2 definitions of a lemon and you only need to fit one of them (30 calendar days out of service max or 3 times in the shop for the same problem max without it getting fixed). There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new or a demonstrator vehicle, so you have to read your state's particular law to know for sure what your legal rights are. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle, since that is what most states allow the consumer to do. To get relief under the Florida Lemon Law you have to send a written notice to the manufacturer and they have ten days to make a final repair attempt after you turn the vehicle over to a designated dealer - but you should talk to a local lemon law lawyer before you send that letter so you can be sure you are doing it right and what you can expect. Florida also has a state run arbitration process but you should talk to a Lemon Law lawyer near you to find out more about your options and your rights. I recommend that you do NOT go into the Florida Lemon Law process without talking with a local attorney so you know what to expect and how to handle the process, if you decide not to get an attorney. It might cost you a modest amount for a face to face conference, but it would also be money well spent. Call Scott or Martin, they both handle lemon law cases and are in your state and know the law well. Or check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.... Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give it a “Vote UP” review below. Thanks and good luck. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Ron Burdge, www.USLemonLawyers.com
For a Free Online 50 State National List of Lemon Law Lawyers, click here
10 Steps to Get Your New Lemon Motor Vehicle Repaired Right, Click Here
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