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Law Offices of
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California has one of the strongest lemon laws in the country. It applies to all consumer products – not just cars, as many people think – and is intended to relieve consumers from the burden of endless warranty repairs. When a consumer product:
then the company that gave the warranty – called the “warrantor” – must replace the product or refund the buyer’s money. In fact, after a reasonable number of attempts to fix the product, the warrantor is supposed to offer a replacement or refund even if the consumer does not ask.
Few warrantors voluntarily offer to replace a defective product or refund the buyer’s money, even if the defects are obviously substantial and there have been several failed repair attempts. Here, California’s strong lemon law comes to the rescue of the dissatisfied customer. If a buyer has to hire a lawyer in order to get a replacement or refund, the law requires the warrantor, not the buyer, to pay for that lawyer. The warrantor must also pay the consumer’s other costs and expenses of litigation, and, if the consumer had to hire an expert, the warrantor must reimburse that expense as well. Best of all, the warrantor does not receive the same benefit. Even if the consumer goes to trial and loses, the warrantor can recover only its costs, and not its attorney’s fees.
California’s lemon law contains another incentive for warrantors to honor the rights of their customers. If a warrantor knows that it should offer a replacement or refund, but intentionally fails to do it, then it may ultimately have to pay a penalty, in addition to the refund it should have paid in the first place. This penalty can be as much as twice the amount of money that the warrantor already owes the consumer.
Each case is different. To find out whether you qualify for relief
under the lemon law,
Call Us For A Free Professional Evaluation.
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