What is a Cash and Keep Settlement?
June 6, 2022
The Dealership has not provided me with the Registration, or I have not Received the Title of my Vehicle in California; what happens now?
September 27, 2024
The main purpose of the Song Beverly Consumer Warranty Act or California Lemon Law is to leave the person or consumer as if no vehicle purchase happened. This is generally done by the vehicle manufacturer repurchasing or buying back the consumer’s vehicle, a car or truck for example or another qualifying vehicle under the Act. The car or truck repurchase entitles a consumer to four things: the return of their down payment; the return of all their vehicle monthly payments made until the repurchase date; the complete payment of their vehicle payoff or payment of lease balance; and the payment of their attorneys’ fees.
Return of the Vehicle Down Payment
When it comes to the returning of the consumer’s down payment, if the consumer put down $5,000 toward purchasing their car or truck, the consumer would receive the entire $5,000 as part of their lemon law damages.
Return of the Vehicle Monthly Payments
In a lemon law car or truck repurchase or another qualifying vehicle under the Act, the consumer would receive all the consumer’s car or truck monthly payments made until the date the vehicle manufacturer repurchases their car or truck, which includes any principal and interest the consumer paid.
Payment of the Vehicle Payoff or Payment of the Vehicle Lease Balance
Also, in a lemon law car or truck repurchase, the vehicle manufacturer would completely payoff any car or truck balance or lease balance as the California Lemon Law applies to leased vehicles as well, including leased cars and trucks and other qualifying vehicle under the Act.
Payment of the Consumer’s Attorneys’ Fees
On of the most important features of the Song Beverly Consumer Warranty Act or California Lemon Law is that it provides for attorneys’ fees be paid by the vehicle manufacturer to the prevailing party. What this means is that if you engage Luis Aguirre Law as your attorney to pursue a lemon law claim, you would pay Luis Aguirre Law nothing.
What Vehicles Qualify Under the California Lemon Law?
Generally, any car or truck purchased or leased at retail from a California dealership that has undergone a reasonable number of repair attempts, generally two or more repair attempts, under the vehicle manufacturer’s original basic or power train warranty or certified pre-owned warranty, would qualify. These vehicles include but are not limited to new cars or trucks or certified pre-owned cars or trucks sold at retail in California. Also, it is notable that only one repair attempt is required under the vehicle manufacturer’s original basic or power train warranty or certified pre-owned warranty if at least one repair attempt took place under those warranties, and the subsequent repair attempt or attempts are related to the original repair defect.
Contact us Today
Luis Aguirre California Lemon Law Attorney 26060 Acero Suite 111
Mission Viejo, CA 92691 Telephone: 949.342.6199.
The information on this posting is for general information and/or educational purposes only and should not be construed as legal advice or a guarantee on the outcome of a particular case. This publication may contain dramatization. This posting is intended for California consumers only. This posting is considered advertisement by Luis Aguirre Law, who is also responsible for its content. Viewing, reading, or receiving the information on this posting does not create an attorney-client relationship. We are not your attorneys until you sign a written contract with Luis Aguirre Law, and the contract is fully executed (signed by attorney). Although information on this posting is deemed accurate, information on this posting should not be acted or relied upon without first conducting an independent investigation and/or obtaining qualified legal counsel, or you do so at your own risk. Attorney is licensed in the state of California only. Attorney Luis Aguirre is bilingual and also speaks Spanish and will provide help in Spanish if you request it. Although attorney limits his practice to the particular field of breach of contract – lemon law, attorney is not a certified specialist in this particular field or any other field of law. See “Our Policies” tab for further details regarding our Privacy Policy, Disclaimer, and Attorney’s Fees.
