Lemon Law in San Jose, CA

Do you know how much you actually pay every month to own a car, truck, or SUV?

According to CreditKarma, the true cost of car ownership for most drivers is $999.50 per month. Paying this much out of your paychecks should yield a trustworthy automobile. If that doesn’t happen, correcting the situation is often a dire need. Do not delay! Read this article today and connect with a San Jose lemon law lawyer who can help you get what you deserve.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any San Jose, California lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do San Jose, California Lemon Laws Apply?

There are some common practices that you can take that better position you in citing lemon law:

  • You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
  • Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in California to ensure you remain within the legal confines.

You can consult a pamphlet from the California Department of Consumer Affairs for critical details. The state has significant legal protections for those who buy a lemon in San Jose. Cars, vans, trucks, and SUVs all have applicable consumer protection laws. If your automobile has been down for 30 days or more, you should have a strong case for a refund, replacement, or litigation.

How Do You Ensure the Application of Lemon Laws?

Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in San Jose that better position you in citing lemon law:

  • You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
  • Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.

What Are Consumers Entitled?

You have a legal entitlement to a replacement vehicle or refund if , California lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

  • Down payment
  • Registration
  • Taxes
  • Car rentals
  • Monthly payments
  • Tow expenses
  • Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

If you have a warranty from the dealership, the California Attorney General asserts you should have options. Discussing the circumstances with a San Jose lemon law attorney will clarify whether or not you have a case.

When Should You Hire a Qualified San Jose, California Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , California lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced San Jose lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:

  • Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
  • Filing Your Claim – Your California legal representative should handle filing a claim with the manufacturer after determining the facts.
  • Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
  • Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
  • Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable San Jose law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

The Superior Court of California, County of Santa Clara is most likely to take up your case. Otherwise, federal lemon law litigation will go to the U.S. District Court in San Jose.

Work With an Experienced Local Lawyer In San Jose, California.

Do you need immediate help? Then one of our experienced lawyers in San Jose can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across California state lines!

 Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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