Lemon law attorneys will have considerable information and advice to dispense during an initial legal consultation, but perhaps the most important item to discuss is whether or not the consumer obtained a manufacturer’s new car warranty at the time they purchased or leased their vehicle. While the lemon law leaves room for legal arguments both for and against the consumer, if the consumer failed to secure a car warranty at the time they closed the deal for their vehicle or should the consumer’s car warranty have already expired, it is possible that they may have waited too long to contact a lemon law attorney to successfully bring a legal claim against the manufacturer.
Upon consulting with a lemon law attorney, consumers will find that the basis of their legal claim against the manufacturer who produced their defective vehicle revolves around their new car warranty. When the consumer purchased or leased their vehicle, the warranty provided by the manufacturer promised that the material used to build the car, along with the workmanship, is defect-free or will meet a specified level of performance over a specific period of time. Many times, a new car warranty also provides for the refund, repair or replacement of the vehicle in the event that the vehicle fails to meet the specifications set forth under the car warranty. Accordingly, when a consumer consults with a lemon law attorney and brings a lawsuit against the manufacturer, they will be asking that the court force the manufacturer to honor their new car warranty provided to the consumer at the point of purchase.
Unfortunately, because the car warranty most always provides only for a specified period of time, if the consumer waits to consult with a lemon law attorney after the expiration of their warranty, it will likely be too late for a successful legal claim. However, because lemon law attorneys are specially trained in this area of California law, they may be able to advise the consumer regarding possible extensions of their new car warranty. For instance, manufacturers, or their agents, often provide consumers with service contracts that could potentially extend the time the consumer has for filing their lawsuit. A service contract is a written contract, signed by the manufacturer, agreeing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of the consumer’s vehicle.
While securing a service contract may not guarantee a successful legal claim under the lemon law, it may provide the consumer with much needed extra time to consult with a lemon law attorney about their rights and options. To increase their chances of obtaining the relief they deserve, consumers should consult with a lemon law attorney immediately upon recognizing that their vehicle is defective.
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