If you are a vehicle owner, then you know the frustration of dealing with an unfixable car. Manufacturers can easily avoid lemon buybacks by claiming that they cannot find the problem, and this is frustrating for consumers who have spent money on a poor quality car. A Lemon Law lawyer San Diego CA tells you how manufacturers avoid lemon buybacks in order to save their reputation.
Automakers are for-profit companies, and losing money is just not a part of their business model. In order to avoid paying back or refunding customers, automakers will do everything they can to fight the claim or attempt to disprove it as an act of lemons. It’s easy to get taken advantage of as a lemon law victim when an experienced California lemon law attorney isn’t involved. The best way to protect your rights is to contact one and understand what tactics they may use against you.
These are some things that manufacturers use against your lemon claim:
How Bad is the Defect?
California’s lemon law requires that there be a significant defect to the vehicle which negatively affects its use, safety, or value—and since it can be interpreted in different ways by those involved, that’s an advantage for auto manufacturers.
The reason that your car might still be considered a lemon is if it has an uncommon problem. There are certain defects common in every person’s experience with the law, such as problems with engine or transmission; however less-common ones also count within this realm of important issues to consider when dealing with its status and what you can do about it.
You need a lemon lawyer glendale ca to prove your car is defective. A check engine light that won’t turn off and mirrors that don’t work are examples of major problems with any vehicle, but it’s up to you whether they’re enough for a lemon law claim. A lemon lawyer in San Diego can help you out with this.
Manufacturers Blame the Consumer
The manufacturer would not be responsible for a buyback if the driver’s action was to blame. For example, they may claim that their vehicle’s driver:
- Your vehicle has been serviced by a manufacturer-certified mechanic.
- Your vehicle was brought in for a reasonable number of attempts to fix it.
- Your vehicle’s defect substantially compromises the vehicle’s use-value and safety.
The warranty on a new vehicle is an agreement between the buyer and seller. It states that if there’s ever any problem with your car, you can bring it back to get fixed without having to pay anything out of pocket for fixing said issue. But in order for this warranty protection against defects to apply, the owner has to provide evidence proving their claim was legitimate- which isn’t always easy.
Questioning the Evidence Provided
Manufacturers will go out of their way to avoid buybacks by using sneaky tactics such as trying to find loopholes and discredit claims. For instance, some may argue against the validity of evidence presented in order to disregard a lemon law claim entirely. To successfully pursue your case for an auto buyback, you must prove that facts like these are present:
Manufacturers try to skirt buyback laws by using a variety of tricks, including arguing the validity of evidence presented in order to discredit your claim. To successfully pursue your case and win back money for an unreliable vehicle that you’ve been struggling with because it’s making all sorts of noises or just looks old as dirt, these facts must be present:
- The car was purchased new from a dealer within one year before its purchase date.
- You have receipts proving payments were made on time (or proof that they were paid off) while owning the vehicle.
- Your vehicle has been serviced by a manufacturer-certified mechanic.
- Your car has been in need of repairs for over 30 days.
- There is documentation showing repairs/repairs attempted but unsuccessfully completed.
How Can Lemon Law Lawyers in San Diego Help?
The most important aspect of hiring a California lemon law attorney is their familiarity with the state’s laws, which can mean all the difference in winning your case. They will know what expert witnesses to call and any other potential legal maneuvers that could help you win on appeal should an unfavorable verdict be given at trial.
Final Words
A customer might not know if the manufacturer of their defective product is avoiding a lemon buyback because they can’t tell what’s wrong with it. Defective products are sometimes difficult to diagnose, and manufacturers have an incentive to avoid taking responsibility for them. Lemon Law San Diego lawyers will work hard on your behalf to ensure you get compensated for any damages caused by faulty or dangerous products.