Lemon Law Info

Lemon Laws
were enacted to protect consumers from products that are plagued with serious defects. If an item cannot be satisfactorily repaired within a certain timeframe — usually within the warranty period - or if the item is not as good as new after so many repairs, it is considered a "lemon."

Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.

There are different lemon laws that cover a wide array of products. For example, if you purchase or lease a vehicle, which subsequently develops one or more defects within the first year of purchase, that vehicle would likely be covered by your state's lemon law regarding new vehicles. The defect must be significant, and must be something that severely affects the safety, operation, or value of your vehicle.
Like most laws, lemon laws differ by state, so examine local guidelines carefully to determine what action you need to take to protect your investment.

A standard rule is that any vehicle that is not in working order for 30 days or more, or any vehicle that has required repair of the same defect on more than four occasions within the first year of purchase, is covered by a lemon law.

Some manufacturers will attempt to convince you that you waived your rights when you signed the purchase or lease contract, because of a clause that was inserted into the agreement. Any such clause or waiver is invalid, and lemon laws still apply in full force.

The manufacturer may also try to persuade you to engage in mediation rather than going to court. You are not required to participate unless the process complies with rules set out by the Federal Trade Commission. In some states, you must use mediation before suing under lemon laws, if the process is certified by that state's Department of Transportation. Even then, you are not required to accept any settlement that does not satisfy you.

As with most legal matters, it is wise to consult with a licensed, competent attorney in your area that knows the details of the law. Many lemon law attorneys offer free consultations, and do not charge a fee unless you win the case.

They even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.

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Personal Injury & Business Litigation Lawyers : San Diego, California

National Personal Injury & Business Litigation LawyersSan Diego, California

With a nationwide reputation for excellence in complex motor vehicle accident and products liability litigation, The McClellan Law Firm offers its clients outstanding service and highly skilled representation in personal injury, car accidents, wrongful death, construction accidents, commercial litigation, real estate litigation, and business litigation of all kinds. No San Diego attorneys have drawn more professional accolades than our founder, Craig R. McClellan. An AV-rated* trial lawyer, he has obtained more than 85 verdicts and settlements in excess of $1 million each.
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  • Only San Diego lawyer ever admitted to membership in the exclusive Inner Circle of Advocates.
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  • Named to Southern California Superlawyers, Top 50 in San Diego
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  • Featured in San Diego Magazine's Best Lawyers in San Diego
  • Fellow, American College of Trial Lawyers
  • Member, American Board of Trial Advocates
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To learn more about our ability to represent your interests effectively in a complex personal injury case, workplace rights claim, or business law dispute, contact The McClellan Law Firm in San Diego for a free case evaluation.

The McClellan Law Firm is heavily involved in the La Jolla, CA landslide cases. Several homes were destroyed and damaged on October 3, 2007, leaving buildings unsafe to occupy and residents making alternate living arrangements.

Molitor vs Honda CaseLargest Recovery of its Kind
The United States Department of Justice credited The McClellan Law Firm with being instrumental in getting three-wheel All Terrain Vehicles ("ATVs") banned from sale in the United States. Click here to watch the "60 Minutes" interview with Craig McClellan.

Craig McClellan Chosen forBest Lawyers in America
Craig R. McClellan was again selected by his peers for inclusion in The Best Lawyers in America and Martindale-Hubbell's Bar Register of Preeminent Lawyers.
Craig McClellan selected asTop Attorney by LA Times
Craig McClellan was just selected as one of Los Angeles Area's Best Attorneys by the Los Angeles Times.

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