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.
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.
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.
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.
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.
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.
Luis Aguirre California Lemon Law Attorney 26060 Acero Suite 111
Mission Viejo, CA 92691 Telephone: 949.342.6199.