2 LEMON LAW SPECIALISTS. com Thank you for visiting Lemon Law Specialists the web site of the California Law Offices of Delsack & Associates, the original California lemon law web site. Ours is a California lemon law firm, situated in California, and handling California lemon law cases for Californians throughout the state. Personalized care and attention are but some of the reasons that the California Lemon Law Offices of Delsack & Associates is recognized as one of California's best (and oldest) lemon law firms. We have a nearly 100% success rate of the California Lemon Law cases we accept, and offer statewide services so that wherever you live in California you can put our 20 years of experience to work for you. The California Lemon Laws cover cars, trucks, SUVs, RVs, motorcycles, and boats! You are entitled to your money back so you have nothing to lose except your lemon. If you think you own a lemon contact a California Lemon Law attorney - today! Your case in our Team's hands - here's what to expect: First, we provide you with a free California Lemon Law consultation to determine if your case qualifies under the current California Lemon Law Statutes. If we accept your case you simply fax a few documents and we will handle the rest. The entire process from the date our firm files a demand letter and demand package on your behalf, until the time you get rid of your California lemon and receive your cash reimbursement, normally takes between 45 to 60 days. That's it! Call or Contact a California Lemon Law Attorney today to get started! Don't delay! The more time that goes by and the longer you keep the vehicle, the more miles you put on. Also, you stand the risk of the vehicle being damaged which may destroy your chances of getting "lemon law" relief. Therefore, the sooner you get this process started the sooner the manufacturer must respond to our 30 day deadline. Call today for your free consultation with one of our lemon law attorneys or if you have other questions. Free Consultation. Just a single toll free phone call to learn whether your case qualifies for a refund!
3 WE DO NOT COMPROMISE OUR INTEGRITY. The legal services provided by the Law Offices of Delsack & Associates are FREE to you in many cases. We have represented thousands of clients throughout the state of California in all types of "lemon law" cases, and with all vehicle manufacturers, domestic and foreign. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation by taking on clients just to become the "largest" lemon law firm in California. We are California attorneys, and our law offices are situated in California - not out of state. We represent our clients to the highest legal standards and best of our ability so as to obtain the most favorable results allowed under the CA lemon laws. By doing so we have gained a highly respected reputation with automotive manufacturers. We strive hard to maintain these goals and standards, and will do no less for you. Our firm has an almost 100% success rate of the "lemon law" cases we accept. We are especially proud of the fact that in more than 9 out of 10 of these cases we are able to reach satisfactory settlements with the automotive manufacturers without litigation. Thus, our clients speedily receive reimbursement of all the monies they are entitled to recover under the law, without the need to file a lawsuit and without the need to go through time consuming, and often unpleasant, litigation. You should be wary of law firms which boast of their litigation records. Litigation is a last resort! Litigation is the result of failed negotiations. While the Law Offices of Delsack & Associates are fully prepared to litigate your case through trial when necessary, our vast negotiating experience enables us to negotiate speedy and satisfactory settlements without exposing our clients to the risks and stresses of a protracted court trial. The legal services provided by the Law Offices of Delsack & Associates are FREE to you in many cases. Therefore, you have nothing to lose and everything to gain. You make only one toll free call to our offices, and simply fax ( ) or mail to us copies of these few documents: your purchase or lease contract; repair orders; DMV registration; and pay off amount of your loan or lease (or if paid in full a copy of your Certificate of Title). ALMOST 100% SUCCESS RATE OF ACCEPTED CASES If we accept your case and you retain our firm, we may thereafter obtain an answer to our legal demand from the manufacturer within 30 days, and without further hassle for you. And, you never have to pay any money! Please note, the California legislature enacted the lemon law to help consumers get out of a bad situation, and to make it easier for an individual or small business to stand up to the automotive giants. These laws are not a "get rich" scheme. They were created to return consumers to approximately the same financial position they were in before they purchased or leased their "lemon."
4 The Law Offices of Delsack & Associates has also authored a column, "Ask Your Lemon Law Question," a regular feature on Martindale Hubbell's website lawyers.com, which was singled out in an article in the New York Times - Circuits Section, entitled "Untangling the Legal Maze by Surfing the Web." THE PROBLEM IS DEFECTIVE VEHICLES It has been estimated that in the U.S. auto makers buy back more than 75,000 cars, trucks and vans every single year- and that's not counting motorcycles, RV's, and mobile homes. These are "lemons" - vehicles with some sort of manufacturing defect that cannot be fixed by the dealer. The National Association of Consumer Agency Administrators and the Consumer Federation of America report that consumer complaints related to used car sales rank first, auto repair complaints rank third, and complaints related to new car sales rank fourth. In other words three of the top four consumer complaints, and consumer fraud complaints, involve cars. Most states now have consumer protection laws, "lemon laws," pertaining to the purchase or lease of new vehicles, and under certain circumstances used vehicles. These laws state that if your situation qualifies the manufacturer must make good on any vehicle which qualifies as a "lemon" which was purchased or leased for personal use, or most business uses. Delsack and Associates will fight for you. Call EX-LEMON now and get started! We have a nearly 100% success rate of the California Lemon Law cases we accept, and wherever you live in California you can put our 20 years of experience to work for you by making just one call! We are proud of our reputation for courteous, personal service and providing speedy responses to clients' inquiries. That's why our clients call us the best California lemon law firm. IS MY VEHICLE COVERED BY CALIFORNIA'S LEMON LAWS? The lemon laws provide remedies if a consumer has repeated substantial problems relating to the safety, value, or use of her or his vehicle. Minor defects alone, however, are not sufficient for consumers to take advantage of these laws. California lemon laws apply to all new vehicles purchased or leased for family or personal use, and for most small business uses. Included are automobiles, trucks, motorcycles, and the chassis portions of RV's and motor homes. Demonstrators are considered as new vehicles. A used vehicle, if it was purchased or leased with a remaining portion of the new car warranty, may also qualify under the lemon laws. California law only states that a consumer must allow the manufacturer a reasonable number of attempts to repair the vehicle's defects. The lemon law "presumption which helps to define whether a reasonable number of attempts to repair the vehicle's defects have been made, is merely a legal device which is only meaningful if negotiations with the manufacturer fail, and you must resort to suing the manufacturer in court. It then allows the consumer/plaintiff to establish at trial that she or he has met the normal, plaintiff's burden of proof that the vehicle is a lemon, and shifts the legal burden to the manufacturer to prove otherwise. That is all that meeting the presumption, as further described below, does. You do not have to meet the lemon law
5 presumption, however, for the Law Offices of Delsack & Associates to file a lemon law claim on your behalf! The California lemon law presumption is met if you: 1. purchased or leased a new car, truck, motorcycle, or motorhome, and 2. it is for personal or small business use, and 3. if during the first 18 months or 18,000 miles you brought the vehicle to a dealer for repair of the same or similar problem related to safety, value, or use: a. four or more times; or b. two or more times for a problem that is likely to cause death or serious bodily injury; or c. it was out of service for a total of more than 30 days, and 4. the problem is still not fixed. Note that the lemon law presumption is neither a requirement nor a prerequisite for the Law Offices of Delsack & Associates to file a lemon law claim on your behalf. There are many situations which do not meet the lemon law "presumption, but which may still entitle you to the lemon law protections. So long as the defect affects safety, value, or use, initially occurred within the new car warranty period, and cannot be repaired after a reasonable number of repair attempts, the vehicle may be entitled to these legal protections. One of our attorneys will be glad to review your individual situation to see whether it is covered under the California lemon laws. Note too, that a consumer does not first need to go through arbitration to pursue a California lemon law claim. In fact, an arbitrator s decision against you may later be used as evidence in any subsequent court action you may bring against the manufacturer. The above paragraphs only describe guidelines. But, so long as your vehicle has substantial manufacturing defects which relate to safety, value, or use, and so long as they initially occurred within the new car warranty period (typically 36 months or 36,000 miles, whichever occurs first) your vehicle may qualify as a meritorious lemon law claim. If you have had repeated substantial problems, and if your vehicle is still not repaired, you should call EX-LEMON to obtain a free consultation from one of our experts to learn whether your vehicle qualifies, or whether there are other legal alternatives.
6 IF MY VEHICLE QUALIFIES - WHAT SHOULD I EXPECT? Below is a summary of the benefits you will receive if you qualify for lemon law protection. We will be able to recover for you: your down payment, (including cash and/or trade-in allowance, registration fees, licensing fees, taxes, transportation costs, etc.); your monthly lease or loan payments up to the time you return your vehicle; your costs for reasonable incidental expenses (repair costs related to the manufacturing defect(s), towing costs, rental car expenses, etc.); some or all of your costs for after market items installed by a dealer or third party (not required by the California lemon laws); your loan or lease balance; and ALL ATTORNEYS FEES! YOU PAY NOTHING IN MOST CASES! The manufacturer is allowed, however, to deduct a "usage fee" based on California s statutory mileage formula, and certain other deductions, all of which will be calculated for your particular case and explained to you by one of our attorneys. You will not incur any damage to your credit by going through this process. Please note too, the California lemon laws are designed to help consumers get out of a bad situation, and to stand up to the automotive giants. These laws are not, however, a get rich scheme. They were created to return consumers to approximately the same financial position they were in before they purchased or leased their lemon. HOW LONG DOES THE PROCESS TAKE? After we receive and forward the manufacturer s settlement offer to you, and after you have accepted that offer, it takes another 15 to 30 days to return the vehicle and receive your payment from the manufacturer. The entire process from the date our firm files a demand letter and demand package on your behalf, until the time you get rid of your lemon and receive your cash reimbursement, normally takes between 45 to 60 days. While we always keep you informed of what is going on in your case, you are no longer directly involved in dealing with the dealer and/or manufacturer, and will no longer suffer this stress and frustration. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation by taking on clients just to become the "largest" lemon law firm in California.
7 We are California attorneys, and our law offices are situated in California - not out of state. We represent our clients to the highest legal standards and best of our ability so as to obtain the most favorable results allowed under the CA lemon laws. By doing so we have gained a highly respected reputation with automotive manufacturers. We strive hard to maintain these goals and standards, and will do no less for you. Take the next step. Call our toll free number EX-LEMON ( ) today for a FREE consultation. ATTORNEYS' FEES & RETAINER AGREEMENTS The legal services provided by the Law Offices of Delsack & Associates are FREE to you in many cases. The attorneys' fees charged by law firms for handling California lemon law cases vary greatly. Some firms require the client to pay an up-front, non-refundable retainer; some law firms' retainer agreements provide for a minimum fee that the firm must be assured of recovering from the manufacturer, and if not received, then the client must pay the difference; and some earn their fees on a contingent fee basis and only upon successful completion of the case. OUR RETAINER AGREEEMENT Ours is a contingent fee retainer agreement. We are paid only upon successful completion of the case. The attorneys' fees are then paid in part by the manufacturer, and in lesser part by our client. In many cases the client does not pay anything! By this arrangement, the Law Offices of Delsack and Associates do all the work for our clients without any fees or costs to them. And we take all of the risks of not receiving anything if the case is not successfully concluded. We are, therefore, very selective in the clients that we will represent, which results in better service for our clients, and greater deference for our clients cases from the defendantmanufacturers. If you purchased a lemon, the California lemon laws require that the manufacturer repurchase your vehicle and refund all of your money less a "use fee" deduction, which we will calculate and explain to you prior to your engaging our firm. Your situation may qualify for protection under the California lemon laws if your vehicle has a substantial manufacturing defect which affects the safety, value, or use of your vehicle; the vehicle cannot be repaired after a reasonable number of repair attempts, and the original repair attempt occurred within the new car warranty. Demonstrators and those used vehicles which were purchased while still under the manufacturer's new car warranty, are also covered.
8 CALL FOR A FREE CONSULTATION After your free consultation you only need to fax (toll free ) or mail copies of your: purchase or lease contract; repair orders; DMV registration; and pay off amount of your loan or lease (or if paid in full, a copy of your Certificate of Title). One of our California attorneys will then perform a free legal and financial analysis and personally call you to discuss your case. If we accept your case we will then prepare and submit a formal, "lemon law" demand package to the manufacturer. From then on we do it all. There is nothing more for you to do, and we will keep you informed of all significant developments and correspondence. After we have received and forwarded to you a satisfactory settlement for your review and acceptance, you will receive transfer instructions from our offices, and will then only need to return your vehicle to obtain your payment. We will keep you informed during this process of all negotiations on your behalf, and you can always call us to obtain an update on your case. FROM ANYWHERE IN CALIFORNIA CALL TOLL FREE TOLL FREE FAX Law Offices of Delsack & Associates, P.C Century Park East, Suite 2400 Los Angeles, CA Law Offices of Delsack & Associates, P.C. 650 California Street, Suite 2500 San Francisco, CA Law Offices of Delsack & Associates, P.C. 537 Newport Center Drive, #383 Newport Beach, CA Los Angeles and vicinity San Francisco and vicinity San Diego and vicinity Orange Co. and vicinity Palm Springs & vicinity San Fernando Valley and vicinity
9 LAW OFFICES OF DELSACK AND ASSOCIATES, P.C Always obtain a copy of the work order when you leave the vehicle, and a copy of the completed repair order on picking up your vehicle. Be sure that the work order reflects your own words and comments. If your complaint(s) are misstated have the Service Advisor revise and/or add your corrected comments. If you previously brought your car to the dealer for the same complaint but the dealer could not duplicate your concern, demand a test drive with the Service Advisor or Manager. Attempt to duplicate the problem during the drive. If successful, have the technician write on the repair order "Verified customer's complaint." If the problem recurs, even if only five minutes later, and you leave your car at the dealer again, have the technician write up a new work or repair order, with a separate and new repair order number. This prevents the dealer from combining several repair visits into one. These steps will help to create a complete record of the vehicle's history and may be important to prove and win your case. Opened: Closed: Problem(s) Complained of: DAYS IN REPAIR Comments: # of Cum. # Days: of Days: Mileage: Opened: Closed: Problem(s) Complained of: DAYS IN REPAIR Comments: # of Cum. # Days: of Days: Mileage: Opened: Closed: Problem(s) Complained of: DAYS IN REPAIR Comments: # of Cum. # Days: of Days: Mileage: Opened: Closed: Problem(s) Complained of: DAYS IN REPAIR Comments: # of Cum. # Days: of Days: Mileage: LAW OFFICES OF DELSACK AND ASSOCIATES, P.C
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