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Alternatives to Consumer Lawsuits Although the Act makes consumer lawsuits for breach of warranty easier to bring against you, the goal of the act is not to promote more warranty court visits. If the lawyer is not located in your state, he/she may have problems effectively representing your interests. Once you sign a lease agreement, you had better be ready to keep the car for the full lease period. (e) For the purposes of subdivision (d) of Section 1793.
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These kinds of provisions would require a buyer of the warranted product to buy an item or service from a particular company to use with the warranted product if they want to be eligible to receive a solution to a problem under the warranty. Lawyers who deal with lemon laws act a lot like a detective in that these lawyers first task when they are retained is to reconstruct the entire history of your car, from the date of production to the time the case is opened. If the manufacturer of the car has an informal dispute settlement program in place, and most of them do by the way, the consumer must first attempt to resolve the complaint through this program before taking any other means.
Do You Have a Lemon?
The first thing that helps you in dealing with your new lemon vehicle is to first know for a fact that you have a lemon. If the paint is peeling, or if the light switch came out when you pulled on it, or if the car makes weird sounds but basically rides well this does not constitute a lemon.
If you found 10 things you don't like about your new car but none of them actually makes the car undrivable, then you do not have a lemon.
However, if the brakes don't work, the car won't go into reverse, it won't start on cold mornings or hot afternoons, or the car barely runs at 30 mph when it should be going 50 mph, then you may have a lemon. This of course, only applies if you have given the manufacturer an opportunity to repair it.
In most states, 10 different defects during the warranty period do not constitute that the car is a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt.
You may have a lemon, but if you do nothing to protect your consumer rights, such as keeping track of all repairs and letting the manufacturer have a chance to fix the problem, you could lose all rights under the various State Warranty Acts. Lets look at these next.