Lawyer Monthly Magazine - August 2019 Edition

If a consumer qualifies under the Lemon Laws, what are they entitled to? If your consumer good or vehicle qualifies as a lemon, then you are entitled to receive a replacement or refund, which consists of your down payment, monthly payments, registration, taxes, and incidental expenses such as a rental car or tow expenses, plus reasonable attorneys’ fees and costs. The manufacturer is entitled to deduct a usage fee for the value of the miles placed on the vehicle up to the first time it was taken in for repair work for the problem or defect that resulted in it being a lemon. If you can demonstrate that the manufacturer willfully failed to repurchase the vehicle, you may also receive civil penalties up to two times the purchase price of the vehicle. What are consumer rights on returning a used car? A used car can and often does qualify under the lemon laws as long as it was sold with a written warranty. Often times, used vehicles are sold while still under the manufacturer’s warranty and/or a warranty from the dealer. If this is the case, then your used car may qualify under the lemon laws. If CONSUMER RIGHTS What Are Consumer Rights on Returning Defective Vehicles? this is the case, the consumer is eligible to receive a refund of all monies spent on the vehicle, a loan payoff (if any), the payment of his/her attorney’s fees and costs, and civil penalties up to two times the purchase price of the vehicle. How long do you have to process a claim against the seller? The Lemon Law claim is made against the manufacturer of the consumer’s vehicle and/or the dealership that sold/leased the vehicle to the consumer. The statute of limitations is generally four years from the breach of a written warranty and two years from the breach of an oral representation, promise, or warranty. This means the consumer has ample time to assert a lemon law claim. For example, if the consumer purchased a 2019 Chevrolet Cruze, the consumer would have four years from the breach of the written warranty to bring the claim. Chevrolet vehicles have a three year/36,000 mile warranty and five years/60,000 mile powertrain warranty. This means that if the consumer experienced powertrain defects towards the end of the warranty in the year 2024, they could assert the lemon Attorney Jessica Anvar is a leading expert on Lemon Law: the law protecting the rights of consumers who have purchased or leased defective vehicles and other consumer products. Below she explains consumers’ rights and her tips on how to fight for them. ABOUT CONSUMER LAW EXPERTS, PC. During the last decade, the Lemon Law Experts have helped thousands of consumers recover millions of dollars in refunds and cash compensation for their defective vehicles. As California’s best lemon law firm, the Lemon Law Experts work with the major vehicle manufacturers including GM, Ford, Chevrolet, Fiat, Chrysler, Nissan, Honda, Toyota, BMW, Mercedes-Benz, Volkswagen, Land Rover…and all others. The Lemon Law Experts serve clients throughout the state of California. Whether you are located in San Francisco, San Diego or somewhere in between, we can help. Our firm is well known in the legal community for being the top lemon law firm choice in the State of California. We have the proven track record, case results, star attorneys, and excellent support staff to obtain the best results for our clients. Our team of Lemon Law Experts have successfully helped thousands of clients with their lemon law claims for over a decade and we have recovered millions in refunds and cash compensation. If you have a defective vehicle, you should speak with an attorney who exclusively practices lemon law. We will work harder and smarter for you than any other lemon law attorney. We are the Lemon Law Experts. This is all we do, and we are here to fight for you. CONTACT Jessica Anvar, Esq. Managing Partner | Consumer Law Experts, P.C. D: 310-442-1410 Ext. 103 | F: 877-566-8828 A: 5757 W Century Blvd., Suite 500, Los Angeles, CA 90045 jessica@nolemon.com lemonlawexperts.com | lawlinq.com Professional Excellence By Jessica Anvar, Esq., Consumer Law Experts, PC. 88 WWW.LAWYER-MONTHLY.COM | AUG 2019