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Did You Buy or Lease a Lemon? Learn about Your Rights from an Experienced Santa Clara Lemon Law Attorney

Discovering that you have purchased or leased a defective vehicle can be extremely frustrating. It can be even more frustrating if the dealership refuses to (or cannot) fix the problem. Fortunately, California law provides individuals who purchase and lease lemons with clear legal rights—and you can assert your rights with the help of an experienced Santa Clara lemon law attorney.

California’s Lemon Law Process

The process of filing a lemon law claim in California starts with proving that your vehicle qualifies as a “lemon.” This means that (i) your vehicle must still be covered by a manufacturer warranty, (ii) you must make a reasonable number of attempts to get your vehicle repaired, and (iii) all of these attempts must be unsuccessful.

If your vehicle qualifies, you will need to file a lemon law claim with the manufacturer. Your claim must meet all legal requirements. Once you file your claim, you must be prepared to deal with the manufacturer’s efforts to deny it. While these are steps you can take on your own, you can also hire a Santa Clara lemon law attorney to help you, and you can do so at no cost. No risk, no up-front fees, no out-of-pocket costs—we only get paid if you win!

Remedies for Purchasing or Leasing a Lemon in Santa Clara

If you have purchased or leased a lemon, you have a choice of remedies under California law—you can either collect a refund, accept a replacement vehicle or negotiate a cash settlement.

1. Lemon Law Refund

Whether you purchased or leased your vehicle, you can obtain a full refund of your incurred costs (subject to the mileage offset). Under California law, a lemon law refund must include:

  • Down payment and monthly loan or lease payments,
  • Sales tax, finance charges, service contracts, and other collateral charges,
  • Rental car, towing expenses, and other incidental costs, and
  • Payoff of your remaining loan or lease balance.

2. Replacement Vehicle

If you like your vehicle (aside from the fact that it is a lemon), you can opt for a replacement. To fulfill its obligations under California’s lemon law, the manufacturer must provide a replacement vehicle that is:

  • Substantially identical to the vehicle you purchased or leased;
  • Equipped with the same factory or dealer options you initially chose; and,
  • Subject to the same service contract(s), if any.

3. Cash Settlement

The third option you have is to negotiate a cash settlement. This allows you to keep your vehicle while receiving compensation for the costs of the defect. If you can still safely drive your vehicle and you are okay with the defect potentially going unremedied, this may be a good option for you.

Discuss Your Options with a Santa Clara Lemon Law Attorney for Free

Do you have a California lemon law claim? To find out, schedule a free consultation at Strategic Legal Practices. Call 888-757-5366 or contact us online to speak with an experienced Santa Clara lemon law attorney in confidence.