Santa Clara California Automobile Lemon Law Questionnaire

State:
Multi-State
County:
Santa Clara
Control #:
US-Q1022
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a defective automobile matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Three general qualifications are: The car must have a substantial impairment in use, value, or safety. The problems with the car must have been, covered by a warranty. The owner must have attempted to get the vehicle repaired multiple times or the car must be in the shop an unreasonable amount of days.

Under the law of most states, for a vehicle to be considered a lemon, the car must 1) have a "substantial defect," covered by warranty, that occurs within a certain time after purchase, and 2) continue to have the defect after a "reasonable number" of repair attempts.

In the state of California, a vehicle qualifies as a lemon when it has a defect or defectscovered by warrantythat substantially impair the use, value, or safety of a vehicle, says Richard M. Wirtz, a consumer attorney at Wirtz Law APC in San Diego, quoting the lemon law statute almost verbatim.

California's lemon law dictates that in the case of a defective vehicle (as outlined below), the automobile manufacturer must replace it with a new vehicle or refund the cost in full. The law applies if no repair attempt can restore the vehicle to a standard that conforms to the manufacturer's warranty.

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a reasonable number of attempts. The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer's new-vehicle warranty.

Lemon laws are laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance.

The vehicle has been "in the shop" for repairs, for more than 30 days total, leaving the owner unable to drive it for at least that amount of time. It doesn't have to be 30 consecutive days; if multiple visits add up to 30 days, the Lemon Law may take effect.

If your car has a life-threatening defect that affects its driveability, and the defect still exists after one repair attempt, then you have a lemon.

Typically, a lemon law claim is resolved in as little as 30 days. However, since lemon law cases can be complicated, it often takes three to six months to be fully resolved. Some cases can take longer if car manufacturers refuse to repurchase or replace a lemon vehicle.

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Santa Clara California Automobile Lemon Law Questionnaire