“Lemon”: A Law for Repair and Recovery
It is undisputed both in the context of law and business that a client has personal and statutory rights to claim for damages when an injustice was done either through a deceit or negligent. In such case, the deception is neither a valid justification nor a ground for defense, but a malicious act subject for prosecution; and negligence is not an insufficiency of action, but a deficiency in perception. Hence, when a person eventually finds out that a car that he had bought is defective, the company may be sued and that he can rightfully demand for the recovery of his money or replacement of his property.
The said action for compensation or recovery is covered by the Lemon Law under the California statutes purposely laid down for consumers’ protection. It was tagged as such because “Lemons”, in legal and business sense, refers to the defective new vehicles. Specifically, the protection can be invoked when the client had proven that there is impairment with the agreement, express or implied, as to the quality of the purchased product.
If the suit is pursued to the court, it will be considered as a civil case against a private party. In instance that the client was able to prove his claim, the manufacturing company may be compelled by the court to indemnify the damages of the former which may include rental tax, repair, towing, and attorney’s fees and other expenses in litigation as may be determined applicable.
Nonetheless, the client will be put behind the “bar” of law if he does not know the proper and legal acts to successfully defend his rights before the court. Hence, for the aggrieved client to ensure victory, it is necessary that, before initiating any plan, he must first note in mind the following tips and/or guidelines:
- Have the Defective Vehicle Repaired – when a defect has been identified in the car, the initial move the owner should take is to have it repaired by the manufacturing company. This is so because if the defect can simply be repaired, it gives no reason to file a claim for damages.
- Compile the Documents of Repair – the copies of the repair orders and service records should be secured by the client so he would have evidence to present in court when the legal circumstance so requires.
- Note the Date, Time, and Subject of Transactions – all official transactions, especially those which are dealing with the defects of the vehicle, with the manufacturer’s representative should be recorded for evidence purposes in future use.
- Inform the Company – notifying the company in the case where the repair is not successful is necessary so the administrator could take immediate action on the case.
- Seek Assistance from a Competent Attorney – when the company failed to respond with the request or appeal, and before having the vehicle repaired again, the client should immediately seek for a competent attorney to assist him with appropriate legal measures or actions to take.
If you’re new vehicle has an irreparable defect and the company did not utilize proper measures for its replacement or reimbursement of money, then you’ve got more than a reason to pursue a legal claim; you have the right to get what is not unjust to you! Call us: 800-300-0001.
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