Temecula Lemon Law Lawyer

Why Choose Us?

At Neale & Fhima APC, our Temecula lemon law lawyers are committed to each client’s case, and we have an outstanding pattern of success in handling lemon law claims. If you believe your car is defective (and, by extension, is a lemon), Neale & Fhima APC is an outstanding choice for legal representation. That’s because our firm:

• Has more than 40 years of combined experience handling lemon law cases
• Enjoys an impressive 99% success rate
• Is wholly committed to getting to know its clients so that our attorneys can craft settlement agreements that meet their individual needs
• Is just as dedicated to understanding California’s lemon law statute and the many court opinions interpreting it
• Has plenty of experience going up (and prevailing) against major auto manufacturers.

Neale & Fhima APC offers clients a free initial consultation to discuss their situations before they make any decisions regarding claims.

If you recently purchased a vehicle and discovered it is defective, contact Neale & Fhima APC at 949-661-1007 to schedule a free, no-obligation case review.

How to Determine if Your Vehicle Is a Lemon

Under the Song-Beverly Consumer Warranty Act, if you purchased a defective vehicle in Temecula, you are legally entitled to a refund, or the vehicle can be replaced at the manufacturer’s expense. However, you must prove that it’s a lemon according to legal guidelines.

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 after driving the vehicle off the dealership lot or began many months (even years) later, a lemon’s defect is chronic, and mechanics cannot seem to fix it.

To determine whether you have a legitimate lemon law claim, talk to a Temecula lemon law lawyer. Before being eligible to file a claim, however, the manufacturer must be given a sincere opportunity to fix the vehicle. In other words, you need to have given the manufacturer a reasonable number of attempts to get your new vehicle repaired before you can take legal action.

Common Defects in Lemon Law Claims

A defect that gives rise to a lemon law claim must meet certain requirements. Specifically, the defect must be one that significantly affects the performance, safety, or value of your vehicle. Common types of defects that meet that requirement include:

• Poor acceleration
• Radio and navigation issues
• Engine trouble
• Electrical problems
• Driving or steering difficulties
• A battery that drains irregularly.

Do not ignore these problems; let your dealership know about them as soon as you first notice them. The manufacturer must take prompt action to repair your car. If they do not, they can be in violation of the state’s lemon law.

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 whether your used car qualifies is to talk to a California lemon law lawyer. They can assess your unique situation and advise you on whether you can file a claim and the chances of being successful.

Which Lemon Law Remedy? The Choice Is Yours

Your Right to Compensation in a Temecula Lemon Law Claim

A successful Temecula lemon law claim puts you in the driver’s seat when it comes time to select the form of compensation. The process starts by filing a legal claim against the manufacturer. Auto manufacturers work hard to defeat lemon law claims and reduce financial payouts.

To prevail in a lemon law claim in Temecula, you will have to show that the defect comprises the use, value, or safety of your vehicle. Additionally, the manufacturer must make “reasonable attempts” to repair the defect. This is why it is important that you have proof that you attempted to have the vehicle fixed.

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. If you financed the vehicle, the manufacturer will refund the payments and down payment and pay off the loan. You will also receive a refund of registration fees, taxes, and similar costs.

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.

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

You Have a Limited Time to File Your Claim

The statute of limitations under California’s lemon law used to be four years, but it is now just a single year after the manufacturer’s warranty expires or six years after delivery, whichever occurs first. Gathering the evidence you would need to prove your car is a lemon is much easier the sooner you act.

Once the statute of limitations expires, you lose the protections of the California lemon law and the right to file a claim. At that point, the manufacturer would not be required to do anything for you, leaving you to bear the full cost of addressing the defect.

FAQs

Discovering your newly purchased vehicle is defective can be a confusing experience. But an experienced Temecula lemon law attorney from Neale & Fhima APC is prepared to provide accurate answers to your most pressing questions. Some of the most common questions our team is asked include the following:

How do I know if my car is a “lemon” under California law?

While a lemon is a defective vehicle, not all faulty vehicles are lemons. Specifically, “lemons” include new and used cars, trucks, SUVs, RVs, and motorcycles that have at least one defect that substantially impairs the value or safety of the vehicle and that cannot be fixed by the manufacturer.

What should I do if I notice a defect in my car?

The law affords the manufacturer a reasonable opportunity to repair the vehicle before it can be deemed a lemon. If the vehicle is under warranty, notify the dealership or manufacturer and advise them of the issue, and keep copies of all receipts and repair documentation. If you have had your vehicle repaired several times without luck, talk to a lawyer.

How quickly must I take action under California’s Lemon Law?

The statute of limitations, the deadline before which you must take legal action and file a lemon law claim, is one year after the manufacturer’s warranty ends. Furthermore, in no event can you file a claim more than six years after the delivery of the vehicle.

How much money would I receive if the manufacturer bought my vehicle back?

Regardless of whether you want the manufacturer to buy your lemon back or provide you with a replacement vehicle, your goal is the same: placing yourself in the position you were (or should have been) in or the position before purchasing the lemon. A skilled Temecula lemon law attorney can review your specific situation with you and advise you on what your claim is worth.

Speaking with a knowledgeable Temecula lemon law lawyer helps ensure you receive accurate answers to all of your questions.

Call Neale & Fhima APC Today

California’s lemon law gives consumers rights when their newly purchased vehicle is not functioning correctly, but it can still be intimidating to take action against a large car manufacturer. That’s where Neale & Fhima APC comes in. We help consumers exercise their rights and keep them from being intimidated by large auto companies.

Call Neale & Fhima today at 949-661-1007 and speak with one of our experienced and qualified Temecula lemon law lawyers today.

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.