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What is the Lemon Law Presumption?

car on jack at auto shop

Buying a new car is one of the most significant investments that anyone can make. Unfortunately, not all cars are created equal, and some may turn out to be lemons. This can be a frustrating and expensive experience. Fortunately, the California Lemon Law was established to protect consumers in such situations. One crucial aspect of this law is the Lemon Law Presumption.

Legal Presumption Explained

Legal presumptions are used in courts of law to create an assumption of a certain fact. This means that a court will assume that something is true until it can be proven otherwise.

In the case of the Lemon Law Presumption, the court will presume that a vehicle is a lemon if certain conditions are met. This is important as it shifts the burden of proof onto the manufacturer or dealer to show otherwise.

Lemon Law Presumption in California

In California, the Lemon Law Presumption is triggered if the following criteria have been met:

  • The vehicle has been repaired under warranty at least four times for the same issue.
  • The vehicle has been out of service for more than 30 days due to warranty repairs.

If these requirements are met, consumers can argue that their vehicle is a lemon, and the burden of proof shifts to the dealer or manufacturer.

What Does This Mean for California Car Owners?

If you have been sold a lemon vehicle, the Lemon Law Presumption puts you in a stronger position. You don't have to prove that your car is a lemon; instead, it's up to the dealer or manufacturer to prove otherwise. This means that you are much more likely to receive a favorable outcome if you file a Lemon Law claim.

How to File a Lemon Law Claim in California

To start the claim process in California, you must first provide the manufacturer with written notice of the defect. It's critical to provide this notice as soon as possible. After that, the manufacturer has a reasonable number of attempts to fix the issue. If this doesn't resolve the problem, you can then move forward with a Lemon Law claim. It's best to seek the advice of an attorney who specializes in Lemon Law to ensure that your claim is filed correctly.

Have a Lemon?

Buying a faulty car can be a frustrating and costly experience, but the Lemon Law Presumption is a valuable tool that can protect consumers from this situation. California car owners can take advantage of this presumption and shift the burden of proof onto the dealer or manufacturer.

If you believe your vehicle is a lemon, do not hesitate to call our firm at (949) 390-9695 and schedule a virtual consultation with one of our attorneys. We are prepared to fight for you and help you return to the roads safely.

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