Oakland Lemon Law Lawyer

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 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.

How Does a Lemon Law Buyback Work?

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:

• show that the defect compromises the use, value or safety of your vehicle
• afford the manufacturer or its dealers a “reasonable opportunity” to repair the defect.

That’s why it’s important that you have proof that you attempted to have the vehicle fixed — keep all receipts, work orders and used parts from each one of your repair appointments.  Also, as mentioned above, you will 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.

Is There a Time Limit on Filing a California Lemon Law Claim?

Yes, there is a time limit on filing a California lemon law claim.  The statute of limitations under California’s lemon law is four years, from the date you knew or should have known the vehicle was a “lemon.” 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.

Why Should I Choose Neale & Fhima?

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 are among the best and the brightest. The team at Neale & Fhima is committed to each client’s case, and we give you our full attention.

Here are a few of the reasons you should choose us:

• Years of Experience. Our attorneys have more than 40 years of combined experience representing clients throughout Southern California.
• Our Lawyers Win Cases. Neale & Fhima enjoys a 99% success rate. We think this says a lot about the skill of our attorneys. While we cannot guarantee the outcome of any particular case, you can take comfort in knowing your claim is being handled by lemon law lawyers who have a track record of success.
• We Value Client Relationships. High-volume law offices tend to think of clients as nothing more than a case file. The file gets passed around until it ends up with a paralegal or junior associate who just wants to finish it and move on. Neale & Fhima is different. We enjoy getting to know our clients. It also helps us craft settlement agreements that meet their individual needs.
• We Know the Law. California’s lemon law is a fine example of how the state legislature can empower consumers. When it comes to clarity, however, the text of the statute leaves much to be desired. Our attorneys understand the quirks of the statute, as well as the many court opinions interpreting it. We put this knowledge to work for you. We can answer your questions – everything from how lawsuits are filed to who pays for the repairs for a lemon.
• No Surprises. A handful of manufacturers control most of the U.S. auto market. We repeatedly go up against these same companies. This allows us to anticipate how they will respond to claims involving specific models and mechanical defects. Our attorneys will share these insights with you from Day One, so you are never in the dark about what to expect.
• Free Consultations. We will always discuss your situation with you in a free initial consultation before you make any decisions about a claim.

GET YOUR FREE CONSULTATION

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. Whether the problem started immediately when you drove the vehicle off the dealership lot or it began many months later, or even years later, the defect is chronic, and mechanics can’t seem to fix it. From radios that don’t work to an engine that burns too much oil, there are many types of mechanical and electrical problems that can render a vehicle defective. These vehicles have spent too much time at the repair shop and not enough time on the road. To determine whether you have a lemon law claim, talk to an Oakland lemon law lawyer. Before being eligible to file a claim, you need to have made a “reasonable number of attempts” to get your new vehicle repaired. While the law is somewhat vague about how many trips to the mechanic constitute a “reasonable number” of repair attempts, you need to give the dealership a sincere opportunity to fix it first before commencing legal action.

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. There are many defects that could affect the vehicle’s safety, but there is no requirement under the law that the defect actually endangers you.

Common defects, include:

• Poor acceleration
• Radio and navigation problems
• Door locks don’t work
• Engine issues
• Electrical issues
• Noise complaints
• Braking problems (not just squeaking)
• Fuel gauges and speedometer don’t work or the instrument cluster “blanks out”
• Battery dies regularly, or drains irregularly
• Steering issues
• Transmission issues
• Electric cars catching fire.

If you are experiencing any of these problems, 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.

What About California’s Lemon Law and 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 if your used car qualifies is to talk to a California lemon law lawyer. He can assess your unique situation and advise you about whether you can file a claim and the chances of being successful.

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. Here are the two primary 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 prior to 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.

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.

Call Neale & Fhima Today

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 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.