Overview: California's Consumers Legal Remedies Act

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Overview: California's Lemon Law
Consumers Legal Remedies Act

     Our experience shows that the largest complaint by consumers is being misled by unscrupulous salespersons and/or dealers who make false or misleading claims concerning the quality or condition of a consumer product, such as new and used automobiles, boats, and R.V.'s, or false or misleading representations concerning the benefits or terms of a sales contract, service contract, or other consumer product or service.

     Contrary to popular belief, California's three (3) day right to rescind some contracts such as home solicitation (door-to-door) contracts, mortgage loan contracts, dating service agreements, and others, does not apply to automobile purchase agreements. In fact, the only right to rescind found in the standard automobile purchase agreement, is in favor of the dealer to rescind if no financing can be arranged (in which case, the sales agreement is deemed rescinded by law, with each party obligated to return to the other any money or property previously given).

     However, misrepresentations, even innocent ones, concerning a matter of significance as to the quality, age, benefits, rights, certification, geographic origin, characteristics, uses, grade, and others, during the sales negotiations are prohibited by the Act, and readily provide a remedy to rescind the contract, obtain actual damages, and if a lawsuit is necessary, to recover attorney's fees and court costs from the dealer or other business.

     This means that when the new car salesperson/finance manager tells you the car is new, when in fact it was a demonstrator, or worse, that it was sold once to someone whose financing did not go through and the sale "rolled back", or other disclosures required by law were not made, help is available.

     This means that when the used car salesperson tells you their shop thoroughly examined the vehicle and found it to be in excellent mechanical condition, and based thereon, you agreed to buy it "As-Is", help is available. Or, when the finance manager tells you a service contract is required to get financing, or the service contract covers a blown engine or transmission when it does not, or other misrepresentations were made or required disclosures not made, help is available.

     This means that when the mortgage broker tells you to go ahead and sign the defectively drawn mortgage loan documents, and you will get a refund of the "erroneously" included points or other charges, help is available.

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The Law Office of MICHAEL R. QUIRK

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Walnut Creek, California 94596

NOTICE: Information printed here is not legal advice.  The information is general in nature, and is not intended as a substitute for legal advice or a legal opinion on a specific individual fact scenario. Individual rights, remedies and obligations vary; laws frequently change. Your specific facts should be reviewed by this office before taking any action on your own. Results are not a guarantee or indicative of future success. Site content approved by Michael R. Quirk.

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