San Diego California Automobile Lemon Law Questionnaire

State:
Multi-State
County:
San Diego
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

If you decide to return the used car, you must return it to the dealer within two business days by closing time (unless the contract gives you more time). You must return the car under these conditions: With no miles in excess of what the contract allows. (The contract must allow for 250 miles.)

If you have a Lemon Law complaint, call the Office of the NY State Attorney General at 1-800-771-7755 (1-800-788-9898 for the hearing impaired). You can find information and complaint forms at the website of the Attorney General.

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.

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.

As mentioned, according to Section 56 (2) of the Act, consumers can return a car to a seller within a 6 month period, but only under certain conditions. Defects due to "wear and tear" will not count.

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.

A lemon of a car, or a vehicle covered by the act, is a vehicle that's been: Out of service for 30 days or more for warranty issues. Repaired by the manufacturer for general warranty issues at least four times or twice for problems that could lead to death or severe injury.

How to File a Lemon Law Case Take Your Vehicle to the Dealership for Repair.Get Your Dealership Repair Orders.Give the Dealership a Reasonable Number of Attempts to Resolve the Issue.Gather All Relevant Documentation.Your Car Warranty Does Not Need to be Current.Hire an Experienced Lemon Lawyer.

California's lemon law for used cars protects a buyer who has purchased a used car, under warranty, that is defective or cannot be repaired after a reasonable number of attempts. You must have bought the vehicle from a dealer or retailer, not an individual.

How long do I have to bring a claim under the Lemon Law? One year from the date you took delivery of the vehicle, or after the first 12,000 miles of use whichever occurs first. This is called the Lemon Law rights period.

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San Diego California Automobile Lemon Law Questionnaire