When filing a legal claim asking for relief under the California Lemon Law, it is imperative that the consumer has previously secured a manufacturer’s new car warranty. At the time the consumer decides to buy or lease a car, obtaining a manufacturer’s assurance as to the performance and structure of the vehicle can mean the difference between a successful legal claim and a consumer being stuck with their lemon with no effective means for relief. Consulting with a lawyer experienced in lemon law litigation will help consumers determine whether they have a valid legal claim and legitimate case to bring before a court of law.
The section of the California Civil Code that contains the lemon law provisions specifically details the types of motor vehicles covered under the law and requires that any of the types of vehicles described have been purchased with a manufacturer’s new car warranty. Whether a consumer decides to purchase or lease a car for personal or business purposes, if the vehicle is not accompanied by a manufacturer’s new car warranty, relief under California’s Lemon Law will be unlikely. It may even be beneficial for the consumer, at the time the they choose to buy or lease a car, to talk to a lawyer about the purchase in order to assure that their vehicle will be eligible for legal relief should any material defects arise.
When a consumer hires a lawyer and files a lemon law claim, the consumer is asking that the judge force the manufacturer to honor the new car warranty obtained by the consumer at the point they decided to buy or lease a car. Therefore, a lawsuit of this nature is occasionally referred to as a lawsuit for a breach of warranty. The lemon law provisions specifically state that vehicles experiencing material defects, or nonconformities, are afforded protection under this section of the law. Material defects are defined as defects that substantially impair the use, value or safety of the vehicle from the consumer’s point of view. These material defects are referred to as nonconformities because they are impairments cause the vehicle to fail to conform to the manufacturer’s new car warranty and when the vehicle fails to conform, a lemon law claim arises.
Hiring a lemon law lawyer that is skilled in lemon law litigation may also be beneficial for consumers who are unaware of time constraints imposed by the lemon law. Because the lemon law is essentially a lawsuit against a manufacturer for breach of the manufacturer’s new car warranty, once that warranty expires so does the availability for consumer relief under this section of the law. A new car warranty details the car parts, vehicle structure and vehicle performance standards that the manufacturer guarantees, but this guarantee is only in effect for a defined period of time. Instances do arise wherein the new car warranty can be, or has been, extended and a lawyer that is experienced in issues such as these may be able to successfully argue for relief on their client’s behalf.
Speak with a California Lemon Law Attorney now for a free consultation: (888) 587 – 9623