Oakland Lemon Law Lawyer

How Does a Lemon Law Buyback Work?

How an Oakland Lemon Law Lawyer Can Help

The process starts by filing a legal claim against the manufacturer. Our attorneys can do this for you. We expect resistance because auto manufacturers work hard to defeat lemon law claims and reduce financial payouts. But we are aggressive and know how to win. We are not intimidated by the manufacturers’ attorneys, and we are determined to secure the best possible outcome on behalf of our clients.

To prevail in a lemon law claim in Oakland, you will have to prove that the defect compromises either your safety, your ability to use the vehicle, or the value of the vehicle. Furthermore, you must give the manufacturer, or one of its agents, a reasonable opportunity to correct the defect. That’s why it is vital that you preserve evidence that you attempted to have the vehicle fixed. Keep all of your receipts, work orders, and used parts from each one of your repair appointments. You will also need to have the dealer or another of the manufacturer’s certified repair facilities attempt the repairs, not a local mechanic. It’s typically a good idea to schedule repairs at the service department of a manufacturer’s dealership, though it doesn’t have to be the dealership where you purchased the vehicle.

Why Should I Choose Neale & Fhima?

Experienced Oakland Lemon Law Lawyers

We know that there are a lot of lemon law lawyers in California to choose from, but we believe Neale & Fhima stands head and shoulders above the rest. That’s because we have an outstanding pattern of success in handling lemon law claims for our clients! We have a winning track record, and our attorneys have extensive experience handling these types of cases. Furthermore, we believe that clients know what they need more than we do, which is why we provide results-oriented representation that focuses on those specific needs.

How to Determine if Your Vehicle Is a Lemon

A “lemon” is a car, truck, utility vehicle, SUV, motorcycle, RV, travel trailer, or other vehicle type that is defective. From radios that don’t work to an engine that burns too much oil, many kinds of mechanical and electrical problems can render a vehicle defective. California’s lemon law states that your vehicle must have “nonconformities,” which are defined as any defect or malfunction that is covered by the manufacturer’s warranty. Nonconformities significantly restrict the safety, use, or value of the vehicle. Many defects could affect the vehicle’s safety, but there is no requirement under the law that the defect endangers you.

If you are experiencing any problems that fit that description, you may have a lemon law claim. Talk to an Oakland lemon law attorney for an informed legal opinion about whether your vehicle qualifies. Our attorneys can also explain the difference between a lemon law claim and a dealer fraud case.

Which Lemon Law Remedy? The Choice Is Yours

A successful Oakland lemon law claim puts you in the driver’s seat when it comes time to select the form of compensation. According to the Song-Beverly Consumer Warranty Act, if you are entitled to a refund for a defective vehicle in Oakland, you may choose from one of the following remedies:

Option A: Repurchase

The manufacturer will take possession of the vehicle and issue you a refund of the purchase price (reduced by the value of your use of the vehicle before the first repair attempt for the defect). If you financed the vehicle, the manufacturer will refund all the payments and down payment, inclusive of interest, and pay off the loan. You will also receive a refund of registration fees, taxes, etc. And any out-of-pocket costs you incurred as a result of the defect.

Option B: Replacement

The manufacturer will take possession of the vehicle and provide you with a new one. It must be an identical or substantially similar vehicle. The manufacturer will pay the registration and taxes on the new vehicle, but you will not receive a refund of fees or finance charges paid on the original vehicle. This option requires the consent of both parties.

Option C: Cash Settlement

In some circumstances, we may be able to negotiate an additional option called a “cash and keep.” This would allow you to retain possession of the vehicle and receive a cash payment to compensate for the defect. However, choosing this option will result in your possessing a defective vehicle, so it’s best to discuss all the consequences and responsibilities that will result from doing so with your attorney before making the decision.

If your vehicle has some type of defect that affects its value or endangers your life, California’s strict lemon laws may offer you an opportunity for monetary compensation or a replacement vehicle. To pursue these options, talk to the Oakland lemon law attorneys at Neale & Fhima by calling 949-661-1007 today.

California Lemon Law Stats

Recent research shows some interesting trends in California lemon law cases:

• There are huge variations in the frequency with which manufacturers are sued under the state’s lemon law. Toyota is the least-often sued and General Motors (GM) is the most-often sued in lemon law cases, relative to their California market share from 2018-2021. Toyota was taken to court under a lemon law claim once for every 2,029 new Toyota vehicles registered in California during this period, while GM was sued once for every 78 new GM vehicles registered in California. Consumers who purchased a GM vehicle were roughly 26 times more likely to file a lemon law claim than were consumers who purchased Toyota vehicles.
• Jaguar and Chrysler vehicles came in second and third in the frequency of lemon law claims filed from 2018-2021 in California.
• More than 7 million vehicles were registered in California from 2018 through 2021, and 34,397 of these wound up in state court lemon law litigation.
• The number of lemon law lawsuits increased by over 50% in 2023, when 22,655 cases were filed statewide.

Unfortunately, these statistics don’t explain why the number of lawsuits is increasing. The reason could be that manufacturers are producing less-safe cars, or it could simply be a matter of customers becoming more aware of their rights and more willing to file lawsuits when those rights are violated. Whatever the reason, our law firm helps clients understand their rights in addition to the benefits and disadvantages involved in filing a lawsuit.

FAQ

Lemon laws aren’t flashy, so if you want to know more about them and how they may affect you, one of the only ways to get that information is to sit down and have a conversation with an experienced lemon law attorney. While we are happy to answer any questions you have in person, the following may help ease some of your most pressing concerns before you even walk through our doors:

Is there a time limit for filing a California lemon law claim?

Yes, there is a time limit for filing a California lemon law claim. The statute of limitations under California’s lemon law is one year after your warranty expires and no later than six years from the vehicle’s delivery to you. Generally, the sooner you file, the better. If you have purchased or leased a lemon in Oakland, start collecting copies of your repair bills and call an Oakland lemon law attorney right away. The longer you wait, the more frustrated you will become.

How do California lemon laws affect used cars?

Some used cars are covered under California’s lemon law, but not all. Lemon law protections for used cars are a bit different than for new cars, so the best way to find out whether your used car qualifies is to talk to a California lemon law lawyer at Neal & Fhima. Our attorneys can assess your unique situation and advise you about whether you can file a claim and the chances of being successful.

What counts as a reasonable opportunity to repair a vehicle?

The “reasonable opportunity” standard is not defined by law. However, there are a few rules of thumb that usually apply. For one, if the manufacturer is unable to repair the vehicle after two attempts, you probably have a good claim. The amount of time that you are without your vehicle matters as well. Once the repair facilities have had your vehicle for at least 30 days, you can usually claim that you provided a reasonable opportunity.

Will my lemon law claim go to trial?

The answer depends on several factors. If the manufacturer makes a genuine effort to compensate you for the harm caused by your defective vehicle, you may choose to negotiate a fair settlement as opposed to enduring a potentially lengthy trial. However, if the manufacturer isn’t acting in good faith, a trial may be the only way to get the compensation the law entitles you to. Regardless, you make the final decision whether a case goes to trial or not.

When should I contact Neal & Fhima to consult with an Oakland lemon law lawyer?

The best time to contact our law firm is as soon as you identify a defect with your vehicle. Even if you don’t end up filing a lawsuit, our experience can help you get the results you are looking for, usually with less frustration than if you go it alone.

If you still have questions, reach out to us as soon as possible to get them answered.

Call Neale & Fhima Today to Consult With a Lemon Law Lawyer in Oakland

Few things are more frustrating than getting into your vehicle and discovering that it won’t start. You expect your vehicle to provide you with reliable transportation, and when it fails to do that because of a manufacturer defect, California law allows you to get fair compensation for the disruption to your life.

If you are having difficulty with repairs at the dealership, contact our nearest office for a consultation. Our Oakland lemon law attorneys have a 99% success rate in lemon law cases. You can call Neal & Fhima at 949-661-1007 for a free consultation.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.