By: Sam Azimtash, Esq.
So you have purchased or leased a vehicle or other consumer good that is a lemon. Now what? Well, you must know that you have rights and you can enforce those rights for free because lemon laws mandate that the manufacturers pay for your attorneys. So the first step is to hire an experienced lemon law attorney.
But it is also imperative that while you hire your free lawyer, you are also aware of the nuances of the legal protections afforded to you by California and Federal legislatures. Below is a list of some of the laws that an experienced lemon law lawyer must be familiar with and use ins strategic ways to ensure you are victorious in your claim:
1. California Lemon Law: Song-Beverly Consumer Warranty Act
Under the Song-Beverly Consumer Warranty Act, California’s Lemon Law, a manufacturer that cannot repair a vehicle within a reasonable number of attempts is obligated to provide the consumer with a replacement or repurchase the consumer’s product or vehicle. California legislatures were aware that consumers who purchase or lease a faulty vehicle may not be able to afford an attorney so they added a provision (much to the dislike of the manufacturers) that should a consumer be forced to defend his or her rights to purchase/lease a defect-free product or vehicle, manufacturers, in addition to the replacement/repurchase owed to the consumer, must also pay for the consumer’s attorneys’ fees.
2. Federal Lemon Law: Magnusson-Moss Consumer Warranty Act
The Federal government has enacted its own version of lemon law, called the Magnusson-Moss Consumer Warranty Act. Under this law, if the product, or a component part, contains a defect or malfunction, which has not been fixed within a reasonable number of repair attempts, the manufacturer must permit the consumer to elect either a refund or replacement without charge. As with California’s Lemon Laws, the Magnusson Moss Consumer Warranty Act requires the manufacturers to pay for the consumer’s attorney fees and expenses.
3. California’s Unfair Competition Law
The Unfair Competition Law of California (“UCL”), codified under Business & Profession Code section 17200, prohibits: an unlawful business act or practice, an unfair business act or practice, a fraudulent business act or practice, and unfair, deceptive, untrue, or misleading advertising. The attorneys at Azimtash Law have extensive experience litigating lemon law matters by utilizing the UCL against the manufacturers, distributors, and dealerships of new or used vehicles or other lemonable goods. To pursue a legal action under the UCL, a consumer must show that he or she was harmed due to the unfair business practices of a manufacturer, distributor, or dealership. Consumers of lemon vehicles or other goods who are harmed by their lemon’s manufacturer, distributor, or dealership may have a viable claim under California’s UCL.
4. California’s Consumers Legal Remedies Act
Another avenue that allows the attorneys at Azimtash Law to hold the sellers/lessors of lemon vehicles or products responsible is the California Consumers Legal Remedies Act (“CLRA”). The CLRA protects consumers from false advertising and other unfair business practices. The CLRA can be utilized to allow a consumer of a lemon to bring a individual or class action lawsuit to recover monetary damages or to put a halt to unlawful business practices by sellers/lessors of lemon vehicles and products.
The CLRA lists what is considered unfair and deceptive practices. For instance, selling used goods as new, making false or misleading statements about the vehicle or product purchased or leased, or knowingly recommending unnecessary repairs for a vehicle or product, are expressly prohibited by the CLRA. Consumers of lemon products who seek recovery under the CLRA can recover non-monetary damages, recovery of attorney’s fees, an injunction against the illegal conduct, or even punitive damages.
5. Used Vehicle Or Product Lemon Laws
All hope is not lost if you have purchased a used vehicle or product because the California lemon laws that apply to newly purchased/leased vehicles or products also apply to used vehicles and products that are still under warranty. Simply put, if you purchase a used consumer good that fails to meet the manufacturer’s warranty after a reasonable number of repair attempts, then your used vehicle or product is a lemon and you may be entitled to a refund or a replacement of the vehicle or other consumer good.
So if you believe that you have purchased or leased a vehicle or “consumer good” that repeatedly fails to meet standards of quality and performance and such failures have substantially impaired the use, value, or safety of the vehicle or consumer good, then you may be entitled to remedies under the California and/or Federal lemon laws stated above. What is most important that you must hire an experienced lemon law lawyer who understand the value of litigation and trial given that the manufacturers will fight back with their countless attorneys and unlimited resources.
Luckily, our attorneys are strategic and well-aware of the manufacturer’s tactics given their defense experience for the same manufacturers. And remember, the attorneys at Azimtash Law will not be paid unless you get paid for your lemon.
Our lemon law attorneys are experts in the laws mentioned above and will fight tirelessly until you receive the appropriate compensation for your lemon. If you believe that your car or product is a lemon, fill out the form on this page or contact us via email: info@azimtashlaw.com or phone: (424) 535-1990 for a free consultation.
Remember that we will not get paid unless you win.
About the author: Sam Azimtash, founder of Azimtash Law, specializes in lemon law, personal injury, and labor and employment law. With extensive litigation experience, he has successfully litigated against major car manufacturers, recovering millions for clients, often exceeding the car’s value, such as securing over $160,000 settlement for a vehicle that had the MSRP of$23,000. Prior to his firm’s establishment, he defended numerous lemon law and high-value personal injury cases for prominent car brands such as Tesla, Mercedes-Benz, and Hyundai, and insurance companies. His expertise is so esteemed that numerous lemon law firms frequentlyhire him as a consultant and retain him to be the lead attorney in high value cases to litigate and potentially take to trial. He frequently recovers damages exceeding the actual car value in Court.
