california lemon laws - experience?

[anastrophe]

a friend of mine has a car he considers a lemon. california has pretty stringent lemon laws, so he should have a reasonable claim - the problem is, things like this always require a lawyer, and my buddy has very little to spare. does anyone know of any low cost legal help for dealing with a lemon car?

If he bought it from a dealer he better check the fine print, he may have signed an 'arbitration only' agreement... happened to a lady I work with.

[BTS]

FULL STORY HERE:

To document your case, write a letter to the manufacturer outlining the problems you've had with the vehicle. Ask the manufacturer to "buy back" your car because it is a lemon. Send the letter by certified mail, return receipt requested, to the manufacturer's address published in your vehicle's owner's manual. (Since January 2001, manufacturers are required to provide the address clearly and conspicuously in all new owner's manuals.) Even if the manufacturer has a customer service number, don't waste time by calling, because a letter is required to document your case.

The manufacturer may decide to voluntarily buy your lemon back without any further action on your part. If the manufacturer gives you a hard time about buying back the lemon vehicle, you can hire an attorney or use the manufacturer's arbitration program, if it has one. (Arbitration is an informal alternative to a court trial that is widely used to settle disputes.)

Check if the manufacturer has an arbitration program by looking in your owner's manual or calling the state Consumer Affairs hotline at (800) 952-5210. If you want to use arbitration, call to ask for an application form and a copy of the arbitration program's rules, so you will understand the process that will be used in deciding your case.

Gather all documents that can help prove your case—your warranty, repair orders, reports of inspections and technical service bulletins. Make copies and submit them to the arbitration panel.

The arbitration program must give you a hearing date withing 40 days. It is a good idea to go to the hearing to present your side. You may accept or reject the program's decision. If you accept, the manufacturer is bound by the decision and has 30 days to comply. There is no appeal process for the manufacturer. Don't be discouraged if you lose in arbitration—you can go to court to sue for a replacement or refund and most Lemon Law cases are settled in the consumer's favor.

If the manufacturer does not have a certified arbitration program, or you prefer to pursue your Lemon Law rights in court, you can file a lawsuit. In this case, you will need to hire an attorney. If you win, you are entitled to be reimbursed for your attorney's fees, however many attorneys work on a "contingency" basis, which means you don't have to pay your legal fees up front. It is best to hire an attorney who is familiar with Lemon Law disputes or consumer warranty law, as well as one who represents only consumer—not auto company—interests.

Or this page might help............ Good Luck:

http://autopedia.com/html/LemonLaw/CA_lemonlaw.html

[BTS]

Found this too Paul.
I think this might be a good way to sail........

California BBB AUTO LINE Process


What is BBB AUTO LINE?
BBB AUTO LINE is an out-of-court program administered by the Better Business Bureau system to settle automotive disputes.
A Better Business Bureau is not a government agency, and it receives no tax dollars. Better Business Bureaus are funded by local business communities. BBB AUTO LINE does not charge any fee to consumers.
To guarantee impartiality, funding for staff and program administrative costs of BBB AUTO LINE is committed in advance by the participating
manufacturers. BBB AUTO LINE staff and arbitrators are independent of companies that participate in BBB AUTO LINE, and perform no duties for these companies other than providing impartial dispute resolution services. If you are experiencing a problem with your vehicle that has not been resolved to your satisfaction, this booklet will tell you about the BBB AUTO LINE program and how it can help resolve your dispute.

[abbey]

I think the Lemon law should be a universal thing, over here it's "bought as seen"
I bought a car & the air con was'nt working, the back wiper did'nt work, (the cobwebs on it should have give me a clue!)
the battery was'nt strapped in, and to top it all, it was an import which meant my insurance was through the roof.
Guess it pays to take someone who knows a teeny bit about cars with you when you go to buy a car!

Originally Posted by abbey

I think the Lemon law should be a universal thing, over here it's "bought as seen"
I bought a car & the air con was'nt working, the back wiper did'nt work, (the cobwebs on it should have give me a clue!)
the battery was'nt strapped in, and to top it all, it was an import which meant my insurance was through the roof.
Guess it pays to take someone who knows a teeny bit about cars with you when you go to buy a car!

Don't feel bad Abbey! Ive bought a few lemons in my time.... a few real stinkers!