The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer’s new-vehicle warranty.
- The California lemon law (the Song-Beverly Consumer Act) protects purchasers and lessees in the State of California. The California lemon law covers any vehicle covered by a warranty. The rights afforded to consumers by the California lemon law may exceed the warranties expressed in purchase contracts.
What qualifies as a lemon in California?
The California Lemon Law includes new and used vehicles purchased or leased for personal, family, or household use. It also covers new and used vehicles with a gross weight below 10,000 pounds and used for a business with five or fewer registered vehicles.
How long does the lemon law apply in California?
Generally, California Lemon Law imposes a four year deadline to file a Lemon Law claim. The four year limit typically starts from when the consumer experienced warrantable problems with his/her vehicle.
How does a car qualify for lemon law?
What Qualifies as a Lemon? Under the law of most states, for a vehicle to be considered a lemon, the car must 1) have a ‘substantial defect,’ covered by warranty, that occurs within a certain time after purchase, and 2) continue to have the defect after a ‘reasonable number’ of repair attempts.
What is the California lemon law buyback?
What is a Lemon Law Buyback Vehicle? A Lemon Law buyback vehicle is a vehicle that has been reacquired by the manufacturer, on or after January 1, 1996, due to specified warranty defect(s).
How do I file a Lemon Law claim?
How to File a Lemon Law Claim
- Take Your Vehicle in for Repairs. The basis for a strong lemon law claim is multiple repair attempts for the same issue or problem.
- Accurately Report Any and All Concerns.
- Keep All of Your Documentation.
- Present Your Lemon Law Claim Sooner Than Later.
- Hire an Experienced Lemon Law Attorney.
Can a used car be a lemon?
Does the Lemon Law Apply to My Used Vehicle? Yes. A used car can and often does qualify under the lemon laws as long as it was sold with a written warranty. Often times, used vehicles are sold while still under the manufacturer’s warranty and/or a warranty from the dealer.
What is a cash and keep offer?
Many consumers choose a “cash and keep” option where they retain the same ownership rights to the vehicle, and settlement provides them with a cash award. This notice requirement only applies when the manufacturer takes back the vehicle.
What happens if you get a lemon car?
Most states require that lemon law cases go to arbitration before they reach the court system. If the arbitrator agrees that your vehicle is a lemon, you will be awarded a replacement vehicle or full refund (minus the use allowance and the amount of any previous settlement from the manufacturer).
How can I make my car a lemon?
California Lemon Laws
- Your car must have a “substantial defect or defects;”
- The defect or defects must be covered by the original manufacturer’s warranty;
- That defect must affect the use, value or safety of the vehicle.
- Your car must have gone through a reasonable number of repair attempts without success.
How long do you have to return a car in California?
In California, the consumer’s right to return a vehicle must occur by the close of business within two days, or within the time-frame allowed by the contract, without exceeding the miles permitted in the agreement.
Can you return a used car if it has problems?
Generally, lemon laws require that the owner of the vehicle allow the dealership multiple chances to fix the defect. If the defect is unable to be fixed after several attempts, the owner may be able to return the car in exchange for compensation or a replacement vehicle.
What is no lemon policy?
Any equipment purchased by the Owner shall be subject to a “No Lemon Policy” whereby after three (3) attempts to repair a recurring malfunction, the Owner, at its sole discretion can direct the Contractor to replace the equipment on a “like-for-like” basis at no additional cost to the Owner.
How do you handle a lemon car?
What should I do if I think I bought a lemon car?
- Note the issue you’re experiencing and check your warranty documents to see if they’re covered.
- Look up the laws in your state.
- Report your problems to the dealership and manufacturer.
- Document everything, including repairs done by the dealer and manufacturer.
How do you check if a car is a lemon?
Inspect The Exterior By conducting a thorough inspection of the exterior of the car, you will be able to tell if the vehicle has undergone any major body work. Mismatched body panels, uneven gaps between doors, and paint over-sprays are sure signs of a lemon or that parts from the original vehicle have been replaced.
What happens when a dealer buys back your car?
When a manufacturer “buys back” a vehicle because it had a problem, they typically make repairs and put the car back on the market to resell to another consumer.
The Lemon Law
In the state of California, the Lemon Law protects you if a new automobile you buy or lease is unable to be fixed. Depending on the circumstances, you may be entitled to a new item or a refund.
What does California’s Lemon Law cover?
The California Lemon Law applies to new automobiles. The guarantee extends to used automobiles as well, as long as the manufacturer’s warranty has not expired yet. The Lemon Law protects you from the following:
- Automobiles, pickup trucks, vans, and sport utility vehicles (SUVs). A motor home’s chassis, chassis cab, and drive train are all covered under this warranty. After-market items, such as van conversions, are excluded from the price. Vehicles and demonstrations owned by the dealership
- Purchased or leased vehicles that are used solely for personal, family, or domestic purposes Many vehicles that are purchased or leased primarily for business purposes are classified as follows:
The Lemon Law does not apply to the following situations:
- Off-road vehicles and other vehicles that are not registered under the California Vehicle Code
- Mistreated vehicles
- Vehicles that have been abused
When does the Lemon Law apply?
When a ‘reasonable’ number of repair attempts have been undertaken, the state of California’s Lemon Law applies. The Lemon Law Presumption is the legal term for this. The Lemon Law Presumption applies if and only if all of the following conditions are met:
- Fortunately, the manufacturer’s warranty covers the issues you are experiencing with your vehicle. The issue initially manifested itself within 18 months of delivery or within 18,000 miles of the delivery location, whichever happened first. (If there are severe flaws beyond this time period, you should see an attorney.)
- The problem is interfering with your ability to use, value, or safety of the vehicle, and the difficulties were not created by misuse. If the warranty or owner’s handbook stipulates that you must notify the manufacturer of the difficulties, you have done so. (It is preferable to have this in writing.)
And if any of the following is also true, the situation is complete:
- Even if you’ve taken your automobile in for repairs at least four times for the same issue, the problem hasn’t been resolved
- There is an issue with your automobile that has been brought to your attention twice or more times and has not been resolved
- The problem is severe enough to cause death or serious bodily injury. The car has been in the shop for more than 30 days (not necessarily in a row) for repair of a condition that is covered by the manufacturer’s warranty.
If your car fits these requirements, the Lemon Law presumes that a fair number of repair efforts have been undertaken, and you may be entitled to a replacement or a refund under certain circumstances.
What is arbitration?
Arbitration is a free and very straightforward method of settling warranty disputes. A neutral third party (an arbitrator) will determine whether or not a fair number of repair attempts have been made to fix your automobile, and both you and the manufacturer agree to this. The arbitrator makes the final decision on what should be done. Decisions are taken on an individual basis in each situation. Among the possible results are:
- A second effort at repair
- The replacement of your car
- And other options. You may be entitled to a partial or complete refund of your purchase price. reimbursement for incidental expenses (towing, vehicle hire, etc.)
- Reimbursement for travel expenses
What are some advantages of arbitration?
It is free, and it is also less time-consuming and difficult than going to court. Decisions are made within 40 days of your application being received by the program’s office. You have the option of accepting or rejecting the decision. As long as you accept it, the manufacturer is required to accept it as well. If you disagree with the ruling, you can still file a lawsuit in court. Those interested in learning more can contact the California Arbitration Certification Program. Los Angeles County Department of Consumer and Business Affairs (Consumer and Business Affairs).
How Does a Car Qualify for Lemon Law in the State of California?
If you’ve acquired a problematic vehicle, you may be wondering: How does a vehicle qualify under California’s lemon law? Getting into their new car and driving it home is the last thing anyone wants to do when they begin encountering troubles with it. These issues can be life-threatening for certain people. Many individuals rely on their automobile to get them to and from work on schedule, as well as to transport their families. If you’ve invested everything you have into acquiring what you believe would be a dependable family vehicle, then discovering that it is not can be distressing.
Take comfort in the assurance that your car is protected by the manufacturer’s warranty whether it was purchased new, previously owned, or certified pre-owned.
Consumers who acquire or lease a car while it is still under the manufacturer’s original factory guarantee or with a certified extended warranty are protected by California’s Lemon Law, which provides legal recourse.
Owners of faulty automobiles (commonly known as lemons) who fulfill the conditions of the lemon legislation are entitled to compensation under the terms of this statute. It is possible to receive compensation in the form of a replacement, a refund, or cash.
How Does a Car Qualify for Lemon Law?
The California Lemon Law applies to new and used automobiles that are purchased or leased for personal, family, or home use in the state of California. The law also applies to new and used automobiles with a gross weight of less than 10,000 pounds that are utilized by a business with no more than five registered vehicles. Of course, as previously stated, it extends to new and used automobiles that have been acquired with a documented guarantee. Additionally, automobiles that have previously been discovered as lemons but have been repurchased by the manufacturer, fixed, and then resold with a warranty are covered under the California Lemon Law.
If the vehicle is covered by a certified extended warranty from the manufacturer, the protection term will be extended as well as the warranty duration.
If your car fits the standards of the California Lemon Law, the manufacturer is compelled by law to either replace it, repurchase it, or recompense you, whichever is the greater of the two alternatives.
In California, a lawsuit for breach of warranty must be filed within four years after the date of the first violation of guarantee.
How Does a Car Qualify for Lemon Law from a Manufacturer’s Viewpoint?
The California Lemon Law provides the manufacturer and authorized dealers with a fair amount of time to fix a fault after it has been discovered. A certain number of efforts to fix the faulty car are permitted before they must repurchase or reimburse the vehicle’s owner for the vehicle’s cost. In order to determine whether or not a problem constitutes a safety issue, the number of tries and time given to repair the vehicle must be determined. When at least two attempts have been made to repair a major safety problem, the California Lemon Law takes effect.
If the problem recurs, it is reasonable to assume that the owner will no longer feel comfortable operating the car.
The precise quantity is determined on the nature of the problem.
It is possible that a manufacturer will not be obligated to refund or replace a car under certain circumstances. When a fault occurs as a consequence of abuse that occurs after the buyer owns the car, the California Lemon Law is null and invalid.
What Should I do if I believe My Vehicle is a Lemon?
The first thing you’ll want to do is get in touch with a California Lemon Law Attorney for assistance. They will be able to assist you in understanding your rights as well as evaluating your situation. Manufacturers are not unusual in their attempts to defend themselves against lemon law accusations. Fortunately, the majority of lemon law attorneys will operate on a contingency basis. This implies that you will not be required to pay any out-of-pocket expenses and will still have a high likelihood of success.
- A paper trail can help you to prove your point.
- It’s a good idea to create duplicates of these papers and keep them in a secure location for future reference.
- Keeping note of any additional expenditures incurred as a result of the vehicle’s troubles is also a smart idea.
- It’s critical that you tell the manufacturer of the problems as soon as possible.
- Consumers are protected under the California Lemon Law.
- Additionally, inform your attorney if you believe that the dealership has misrepresented the condition of the car before to purchase or the cost of the repairs.
- Upon receipt of your claim, your attorney will examine it and inform you of your choices and potential results.
Call Strategic Law Practices at (888) 757-5366 to get the answer to: How Does a Car Qualify for Lemon Law?
Auto breakdowns and malfunctions are available seven days a week, including late-night and weekend emergencies.
99% Success Rate
More than 2,000 lemon law cases were handled by our team of specialists in California over the course of a decade.
Zero Upfront Fees
Clients can benefit from free consultations and case assessments with no upfront fees or out-of-pocket expenses. The California Lemon Law Center is a non-profit organization that specializes on lemon automobile claims involving new and used vehicles. We have years of expertise in obtaining fair compensation for our clients’ lemon automobiles, and we work diligently to ensure that each and every client receives the maximum amount that they are entitled to under the law for their lemon automobile.
- Lemon laws are state and federal laws in the United States that give a remedy for those who have purchased automobiles or other commodities that have repeatedly failed to satisfy quality, performance, or safety criteria.
- We defend consumers in lemon law matters involving new and used automobiles, motorbikes, and recreational vehicles, including both mainstream and high-end luxury brands, as long as the vehicles are covered by a manufacturer’s warranty.
- During this process, we will explain how the California lemon law works, as well as how it pertains to your specific situation, including what steps may be done in the event that your lemon car is deemed unfit for operation.
- Furthermore, the most, if not all, of the fees and charges are covered by the manufacturer.
Customers are not required to pay any up-front or out-of-pocket expenditures under our payment policy, which is outlined on our feesservices page. This enables our clients to obtain the legal counsel they require without incurring additional financial obligations.
To get started, fill out our Case Review form or give us a call at 888-536-6698.
We will go through your car maintenance orders as well as your vehicle purchase agreements.
If you meet the requirements, we will be able to assist you with your lemon law claim.
California Lemon Law Attorneys
Lucy Kasparian, a founding member of CLLC, serves as the firm’s Managing Attorney, and she has been in charge of over 2,000 lemon law cases throughout the state of California since 2003. The California Lemon Law Attorneys have a success percentage of 99 percent and have dealt with a wide range of vehicle manufacturers.
With the California Lemon Law Center since 2010, Aram Aslanian has played an important role in helping the organization achieve its remarkable 99 percent case-winner record in all of the lemon law cases that CLLC handles in the state of California. Every customer with whom he works notices his commitment to ensuring their complete happiness with his services.
Why Hire The California Lemon Law Center
We are also pleased to provide our clients with access to our services seven days a week, twenty-four hours a day. While it may seem superfluous, we have learned from past experience that unexpected catastrophes do occur, whether it is a car breakdown in the middle of the night or an automobile issue over the weekend. If customers have any doubts about how to proceed, we want to reassure them that their lemon law attorney is only a phone call away and is available to provide them with the information they require promptly.
It is our firm belief that our staff of legal assistants and attorneys have the knowledge, experience, and skills essential to assist anybody with navigating the complexities of the lemon law.
Please do not hesitate to contact us if you require further information, and we would be pleased to answer any questions you may have on how the California Lemon Law Center may be able to assist you.
Because we are a tiny boutique practice, we are able to deliver a higher degree of service and attention to our clients than larger firms.
With our Lemon Law lawsuits, we have handled over 2,000 cases in the previous decade, with a victory percentage of 99 percent in those situations.
High Ethical Standards
Our attorneys adhere to the highest ethical standards and are committed to providing our clients with honest legal representation.
California Lemon Law Alerts
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California has one of the most comprehensive consumer protection laws in the country: the Song-Beverly Consumer Warranty Act of 1970, sometimes known as the ‘Lemon Law,’ which was signed into law in 1970. To make the Lemon Law work in your favor, you will need the assistance of an expert San Diego lemon law attorney. The Lemon Law in California applies to both purchased and leased new and pre-owned automobiles (that are still under warranty) when an authorized dealership has attempted to remedy the same mechanical or safety fault with the vehicle many times – all to no avail.
If you purchase or lease a car, and the vehicle develops a problem after many unsuccessful attempts to correct the problem, the dealer will either buy the vehicle back or replace it. Of course, practically nothing in the law is as simple or obvious as this example suggests.
WHY WILL YOU NEED AN ATTORNEY IF YOU FILE A “LEMON LAW” CLAIM?
When filing a claim under the California Lemon Law, you must be represented by an experienced consumer attorney in California who has handled similar claims before. It happens far too often that consumer attorneys are called in to represent customers who sought to represent themselves and their claim under the Lemon Law — and failed miserably. If you live in southern California and need to submit a claim under the state’s Lemon Law, do so the proper way from the beginning — with the assistance of an expert San Diego consumer attorney.
HOW DOES THE LEMON LAW WORK?
Here’s what you can anticipate if you purchase a car in California and that vehicle turns out to be a lemon later on. When you request a repurchase from a dealership or manufacturer, here’s what you can expect. You have acquired a new or used car that is still covered by the manufacturer’s warranty, and you have taken it to the dealership many times to have the same problem repaired. After multiple unsuccessful repair attempts, you come to the conclusion that the car is a lemon and cannot be restored.
That consultation should be free and without obligation, and if the attorney accepts your case, he or she should make every effort to settle your claim out of court in private discussions before taking it to court in the first place.
HOW SHOULD YOU CHOOSE A LEMON LAW ATTORNEY?
You should avoid working with an attorney who expects payment in advance for the initial meeting, as well as working with an attorney who suggests bringing a lawsuit without first attempting to negotiate an out-of-court settlement with the other party. Although a lawsuit may be necessary in some cases, the majority of these issues are resolved quietly. The majority of California Lemon Law disputes are resolved within ninety days, but if you must file a lawsuit and take a dealership or car manufacturer to court, your case might take as long as two years to complete if you are successful.
Always preserve a copy of every receipt, repair bill, and any other documentation pertaining to the purchase and repair of your car.
EXACTLY WHAT ARE CONSUMERS ENTITLED TO UNDER THE LEMON LAW?
The manufacturer of the car will give an itemized offer to your attorney if they agree to purchase the vehicle back from you. The California Lemon Law provides that in the majority of circumstances, you will be entitled to the payments you’ve previously paid, less any deductions allowable by the law. There is a lot that goes into assessing the precise amount of compensation you are entitled to from a manufacturer, but your attorney will make certain that you obtain every dollar that is legally due to you.
The repurchase will be organized once the release form is signed, which specifies the parameters of the buyback as well as your acceptance to those terms.
After that, you should get a check from the manufacturer for the amount of money you paid for the car within two to six weeks of returning the vehicle.
You will be given a particular day and time to return the car to the dealership after the manufacturer has agreed to the buyback payment and amount. Your attorney will coordinate this with the manufacturer.
WHAT ABOUT WEAR AND TEAR THAT YOU’VE PUT ON THE VEHICLE?
Normal wear and tear on the vehicle includes minor dents and scratches; however, if there are any major dents, dings, scratches, scrapes, windshield cracks, or bald spots on the tires, you will either have to pay the dealership for the repairs or have the repairs done independently before returning the vehicle. The manufacturer will send a check to your lemon law attorney for the amount of your settlement, and your lemon law attorney will either mail you the settlement amount or arrange for it to be deposited directly into your checking or savings account after the vehicle has been returned to the dealership.
Use of your settlement to acquire another new car increases your chances of acquiring two lemons in a row by orders of magnitude.
WHAT IF YOU WANT A REPLACEMENT RATHER THAN A BUYBACK?
Instead of purchasing your car back, you must first convince the manufacturer to replace it. Once this is accomplished, the company must agree to a replacement. Manufacturers are under no obligation to replace a car in these circumstances. If your lemon law claim is successful, their sole responsibility is to purchase the car back from you. If all parties agree on a replacement, the manufacturer is required to replace the defective vehicle with a new, essentially similar vehicle, and your warranty period will be extended for the remainder of the time period.
These expenses are not enforceable against you by the product maker.
WHEN SHOULD YOU SPEAK WITH A LEMON LAW ATTORNEY?
For those in southern California who have purchased a lemon or suspect that the vehicle they purchased is a lemon, or who have already spoken with a dealership or manufacturer about the possibility of a buyback or a replacement, contact an experienced San Diego lemon law attorney as soon as possible. Your attorney will hold the manufacturer of your car accountable and ensure that you obtain all of the benefits to which you are entitled under the California Lemon Law. It is your right to seek justice with the assistance of an experienced attorney, and it is the correct thing to do.
Consumer protection laws that protect buyers of new and used motor cars who have purchased vehicles that are faulty, do not work correctly, and must be returned to the dealer on a regular basis for repairs are known as ‘lemon laws.’ Generally speaking, lemon laws protect buyers against significant problems that emerge within a certain period of time after purchase and require that the vehicle’s maker either replace the lemon with a new equivalent vehicle or refund the full purchase price.
Consumer Protection Law
Consumers who acquire a car with a manufactured fault that impairs the safety, value, or usage of the vehicle and that cannot be remedied by the manufacturer or the dealership within a reasonable number of efforts are protected under California’s consumer protection laws.
Additionally, the repairs must be completed within the original warranty term that was provided at the time of purchase. Any used vehicle that is sold with an unused portion of the manufacturer’s new vehicle warranty may also be eligible for coverage under this program.
California Lemon Law Presumption
The ‘Lemon Law’presumption in California is essentially a legal mechanism that becomes important only if discussions with the manufacturer fail and you are forced to file a lawsuit. In turn, it permits the consumer/plaintiff to demonstrate at trial that he or she has fulfilled the plaintiff’s typical burden of proof, that the car is a lemon, so transferring the legal burden of proof to the manufacturer, who must then prove otherwise. The assumption is neither a necessity nor a prerequisite in this context.
For as long as the fault has an impact on the vehicle’s safety, value, or usage, and it happened during the warranty period and has not been remedied after a reasonable number of efforts, the vehicle is eligible for these legal rights.
California Lemon Law Qualifications
When establishing the amount to which your car qualifies for compensation, there is an element of subjectivity involved. Example: If you possess a vehicle with a five-year warranty and you make your claim three years into that period, you are likely to be covered under the lemon law in most cases. However, if your car has been used on a frequent basis and has accumulated a significant number of kilometers, the manufacturer may be able to reduce the amount of compensation they must offer. Having saying that, there are some quite strict requirements that your car must satisfy in order to be considered for this program.
- Still be covered by the manufacturer’s guarantee from the beginning
- A decent number of times have been brought to an authorized dealer or manufacturer for repairs
- Have a reoccurring fault that has been demonstrated to either hinder the complete performance of the vehicle, pose a serious threat to the driver’s safety while the vehicle is in operation, or depreciate a major percentage of the vehicle’s worth
We Can Protect Your Rights Under CA Lemon Law
Our California Lemon Law Firm only accepts clients who we believe have legitimate claims in order to safeguard the practically flawless reputation we have established for ourselves. We have earned the respect of our employees, clients, and even the manufacturers against whom we are competing as a result of this devotion. We must first evaluate if your malfunctioning car satisfies the eligibility requirements of the California lemon law before we can collaborate with you to pursue your claim. Do you have concerns regarding the California lemon law’s eligibility requirements?
Call us at (818) 960-1550 or send us an email.
Lemon Law Time Frame
In general, the California Lemon Law requires that a claim be filed within four years after the vehicle’s purchase. This time restriction begins to run when the consumer first notices unwarrantable faults with his or her motor vehicle. There may be special conditions that apply to your particular situation, and it is crucial to speak with an attorney to understand your legal options for obtaining compensation.
We Are Specifically Qualified to Represent You
Some companies draw emphasis to the size and scope of their practice in order to assert that they are more suited to handle your claim than others. Most law firms, on the other hand, do not treat lemon law issues seriously enough and devote only a percentage of their time and attention to them. Our business is dedicated only to the prosecution of lemon law claims, and we have assembled a team of attorneys who are individually highly knowledgeable about every facet and application of the federal and California state lemon laws.
Contact our office now if you are looking for legal assistance that is motivated by a desire to fight for your interests while keeping our high ethical standards. Call (818) 960-1550 right now.
California Lemon Law Help by Top-Rated Los Angeles Lemon Law Attorney
California’s lemon law is one of the most stringent in the country, and it is designed to protect consumers by requiring car companies, consumer goods manufacturers, and warranty providers to repurchase or replace vehicles or consumer goods that are defective under warranty and cannot be repaired after a reasonable number of attempts are made to fix them. In other words, if you purchase a product that turns out to be a lemon, you are entitled to a refund under the terms of the lemon law. California courts have construed a reasonable number of repair efforts to include as few as two tries to cure the same nonconformity under warranty, according to their precedent.
This indicates that the other party, rather than the customer, is responsible for the payment of the consumer’s attorney’s fees and charges.
Lemon Law Aid was founded after its founder spent 13 years defending lemon cases, largely on behalf of automobile, truck, and motorcycle manufacturers, and saw a need for conscientious, skilled, and experienced counsel on the consumer side of the litigation.
If you believe your automobile, recreational vehicle, motorbike, boat, or consumer item may be a lemon, call us immediately for a free case examination.
When Can You Use California’s ‘Lemon Law’ for a Car Problem?
- It is covered under California’s ‘Lemon Law’ for both new and used automobiles that are still under warranty from the manufacturer. Prior to using the Lemon Law, a carmaker or dealership must make a reasonable number of tries to fix a vehicle
- Otherwise, the Lemon Law will be invoked. Depending on whether you qualify for remedy under the California Lemon Law, the manufacturer may be obliged to purchase back or repair your vehicle.
Every week, NBC Bay Area Responds receives calls from people like you who are experiencing automotive issues. Some people have expressed dissatisfaction with the performance of their relatively new automobiles. When the dealership is unable to provide a remedy immediately, many customers inquire about California’s ‘Lemon Law’ and if it applies in their situation. Briefly, the answer is that it depends. What you should know about the California Lemon Law, also known as the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, in a nutshell is as follows:
- There are no restrictions on which vehicles are covered by the guarantee, and it includes both new and used automobiles that are still protected by the manufacturer’s new vehicle warranty. It only applies to automobiles that are purchased or leased in California. As a result, if you purchased your vehicle in another state, it will not qualify. For automobiles that have been purchased or leased within the first 18 months of their ownership or with fewer than 18,000 miles on the clock, whichever comes first
- In order to comply with the law, automakers must replace or purchase back a car that does not perform correctly under its stated guarantee after a ‘reasonable’ number of efforts.
So, what exactly is ‘reasonable’? The legislation does not define a specific number, but it does provide certain basic principles, including the following:
- At least two attempts have been made by the manufacturer or dealership to correct an issue with the vehicle that, if left unaddressed, might result in harm or death. In order to resolve the issue, the manufacturer / dealership attempted to resolve it at least four times. The car has been ‘in the shop’ for repairs for more than 30 days in total, preventing the owner from driving the vehicle for at least that period of time, according to the manufacturer. If numerous trips total 30 days or more, the Lemon Law may apply
- It is not necessary for all visits to occur at the same time.
Keep in mind that California’s Lemon Law does not apply to automobiles that do not fulfill the requirements listed above. As a result, if you purchase a used car with more than 18,000 miles on it or that is more than 18 months old and no longer protected by the manufacturer’s guarantee, you will not be covered. The good news is as follows: Using the California Department of Consumer Affairs Arbitration Certification Program, you may find out if your car qualifies for a buy-back or replacement under state regulations.
Take a look at this state-issued information to learn more about the Lemon Law and how it applies to you. We’d like to hear from you as well if you’re experiencing problems getting your car fixed. Please get in touch with us online or by calling 888-996-TIPS.
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California Lemon Law Attorney
Individuals and small businesses who purchase defective vehicles are entitled to a refund of nearly all of their money (down payment, monthly payments, and so on) or, if they prefer, they can have their vehicle replaced at the expense of the manufacturer under the Song-Beverly Consumer Warranty Act, also known as California’s Lemon Law. Our California lemon law attorneys go up against the major vehicle manufacturers on behalf of clients throughout Orange County, Riverside County, and the rest of the state, enforcing their Lemon Law rights.
You have been to the dealership – perhaps more than once – and it is evident that they are at a loss for what to do next.
Do you have a lemon on your hands?
Request a No-Obligation Consultation
What Is a Lemon Worth?
According to California’s Lemon Law, flaws that materially impair the use, value, or safety of a vehicle must be corrected within a ‘reasonable number of efforts’ after the vehicle is purchased. The manufacturer is required to give a ‘lemon law repurchase’ in the event that it is unable to comply. In this case, either a full refund of the purchase price (minus certain deductions permissible by law, as stated below) or a replacement vehicle that is materially equivalent to the original car will be provided.
When determining the amount to be removed from the vehicle’s value, divide its mileage by 120,000 and multiply the result by its purchase price.
Consider the following scenario: your vehicle was purchased for $30,000 and you began bringing it in for repairs when it had 12,000 miles on it. The amount of your lemon law award would be decreased by $3,000 in order to account for the depreciation caused by those 12,000 kilometers.
Recent Settlements for Our Clients
- JohnofSan Diego County, had a Mercedes-Benz SL63 AMG in which he encountered severe steering wheel troubles as a result of a defective steering column. Our efforts paid off when he was granted $185,000 by a jury trial judgement
- Biancaof Los Angeles County had a Jeep Wrangler that had an engine/transmission issue when she got it, which she was completely ignorant of at the time she purchased it. It was our assistance that enabled her to obtain the car manufacturer to buy back her vehicle
- Petepurchased a new Jeep Grand Cherokee in Orange County and was completely unaware that it had an engine/transmission issue. When Amber acquired a Ford Focus in Riverside County, it was discovered that the car had an engine transmission fault. We assisted him until the auto manufacturer agreed to purchase the vehicle back from him. We battled on her behalf, and finally, the auto manufacturer agreed to buy back her vehicle
- Ken, from San Bernardino, acquired a Dodge Ram 2500 that was suffering from an engine fault at the time of purchase, which he was unaware of at the time of purchase. We fought on his behalf until the auto manufacturer agreed to buy back his vehicle
- Ultimately, we were successful.
Lemon Law Review
The company handled my lemon case, which was a great decision on my part. They were QUICK and EFFICIENT in settling the dispute. All of my queries, no matter how inane, were answered. Excellent communication throughout the case; I was kept updated at all times, and he always returned my calls. Aaron is incredible, and I couldn’t be happier!’ – Amberlee Ritchey, 5 out of 5 stars
Feature Article: The Lemon Law – Essential for Consumer Protection
For many people in the United States, purchasing a new automobile is one of the most rewarding experiences a person can have. Take great satisfaction in your new vehicle when you drive away from a dealership in one that is immaculate and well-maintained. You brag about it to your friends and family, you drive extra-long distances to get to your destination simply to enjoy the ride, and you are confident that the vehicle will be dependable – after all, you just spent a significant sum of money on a brand-new vehicle.
- Shortly after you purchase your new automobile, it begins to exhibit indicators of malfunction.
- Strange buzzing sounds begin to emanate from the engine, and you can tell that something is not quite right right away.
- However, the difficulties remain.
- Read on for more information.
What Is the Song-Beverly Consumer Warranty Act?
In order to safeguard consumers, all 50 states as well as the federal government have established some form of lemon legislation. The Song-Beverly Consumer Warranty Act is known as the Song-Beverly Consumer Warranty Act in California (relevant portions of the law are also known as the Tanner Consumer Protection Act). The Lemon Law may be found in California Civil Code sections 1792 through 1795, which are available online. 8. The California lemon law experts atNealeFhima have significant expertise with the Song-Beverly Act, and they are here to answer any concerns you may have concerning the legislation’s particular provisions.
Types of Vehicles and Defects Covered by the Lemon Law
Not all faulty automobiles come under the purview of theLemon Law, however. It normally applies to newer vehicles that have been unable to be repaired by the dealership, although the regulation is quite strict in terms of the exact qualities required.
Covered vehicles must:
- Provider warranties (new or certified pre-owned) that are still in force at the time of the initial repair attempt are available. It is important to note that manufacturer’s warranties are transferable, which means that used automobiles with remaining manufacturer’s warranties may be protected by the Lemon Law. It must be a passenger vehicle having a gross weight of less than 10,000 pounds, such as a car, truck, van, SUV, or other similar vehicle. The components of a motor home that are connected to transportation are also eligible. ‘Consumer goods’ are defined as items such as motorcycles, yachts, and other recreational vehicles. However, they are exempt from certain of the terms of the legislation that apply to vehicles (such as the assumption of a Lemon Law claim after 18 months or 18,000 miles)
- In the state of California, have been acquired or leased in a retail transaction. Vehicles belonging to active members of the military services who are stationed in California at the time of the claim are exempt from the need to be purchased or leased in the state. Be a part of an organization that has at least one – but not more than five – automobiles registered in California at any one time. It makes no difference whether a vehicle was purchased for personal or commercial purposes as long as this criteria is satisfied.
Covered defects must:
- In addition, you’ll be covered by the manufacturer’s guarantee. These guarantees are referred regarded as ‘factory warranties’ in some circles. There is no additional charge for them because they are included in the price of the item purchased. Do not mistake a manufacturer’s warranty with an extended service agreement offered as an extra purchase from the dealership
- The two are not interchangeable. ‘Use, usefulness, or safety’ of the vehicle must be significantly diminished. This legal criteria is implemented objectively – the automobile owner’s personal views and ideas about the topic are not taken into consideration. After a fair number of repair efforts by an authorized dealer, the problem continues to exist. In each circumstance, the number of tries necessary to prove a Lemon Law claim is different
- Nonetheless, courts have consistently held that a single attempt is never adequate. A repair attempt is also considered to have occurred each time a client drives his or her car into a dealership for that purpose, regardless of whether or not the dealership actually attempts to make the repair.
Tips for Dealing with the Dealer / Manufacturer
- Prepare a thorough list of all of your concerns and properly describe each one before signing your Repair Order. If you are returning to the same location for the same problem, be consistent in your description of the difficult problem that has caused you to return several times. In this way, you may demonstrate that the automobile was not properly fixed on each visit and that you provided the dealership an EXTREMELY large number of opportunities to repair your vehicle
- Make certain that all repair performed on your car by the dealership is properly recorded and documented. Examine the work that has been accomplished in relation to the issues you described. If a fault on your repair order was not resolved, ask the dealership to include a note on your repair invoice explaining why it was not resolved. Demand that either the service manager, shop foreman, or your service tech accompany you on a test drive in order to reproduce the complaint if it was not fixed because a technician could not duplicate your worry. If you are successful in reproducing the item, make a note of it on the paperwork and add the name and job title of the person who confirmed it with you when you were on the test drive. Remember to take a copy of your Repair Order with you when you leave the dealership. Make certain that it is true, that you have signed it, and that you preserve a copy for your records.
If the car and fault qualify under California’s Lemon Law, the owner has two basic remedies against the manufacturer: (1) a claim for damages from the manufacturer; and (2) a claim for compensation from the manufacturer.
- Repurchase: The manufacturer is required to reimburse the amount of money paid for the car, including any finance costs and fees that may have been incurred. It also has to reimburse the costs of factory options, shipping, taxes, and DMV fees that were incurred. It also includes the cost of repairs, towing, and rental automobiles, which are not covered by the insurance policy. An adjustment is made to the overall amount the manufacturer must pay in order to account for the period of time the customer had been using his or her car before it became defective. In the case of a Lemon Law claim, the buyer has the option of receiving a new, comparably equipped car that is free of the fault that prompted the claim. In this instance, the manufacturer is responsible for paying the taxes and other expenses. The replacement remedy, on the other hand, requires the agreement of both the customer and the manufacturer. Alternatively, if the manufacturer insists on a buyback, the buyer will be forced to choose that alternative.
Understanding the Use Reduction
The California Lemon Law is predicated on the assumption that drivers will bring their vehicles in for servicing as soon as they notice a major mechanical problem. As a result, the manufacturer is under no obligation to reimburse a car owner for any expenses incurred prior to the date of the first servicing attempt. This is true regardless of whether the car is repurchased or whether it is completely replaced. The amount of the usage reduction is computed by dividing the odometer reading by 120,000 and multiplying the result by the purchase price, which results in the following result: The following is an example of how to represent the formula: Purchase price minus use reduction Equals Use Reduction The Lemon Law payout will be lowered by $3,000 if, for example, a car cost $30,000 and the owner brought it in for repair after 12,000 miles.
How a California Lemon Lawyer Can Help You in the Process
The odds of winning against an opponent are practically hard to achieve if you do not understand the game’s rules, but your opponent does. California’s Lemon Law, while effective, contains a number of loopholes in the fine print that you may not be aware of. Dealers are well aware of these loopholes, as are experienced California lemon law attorneys. In the case of a lemon law claim, the attorney is compensated by the dealer, not the car owner. So what exactly do you have to lose?
What Qualities Should You Look for in a California Lemon Law Attorney?
The following are some of the characteristics that our clientele have expressed an appreciation for:
- We are well-versed in the state of California’s lemon legislation
- Making our customers feel comfortable and that their case is important to us are two of our primary goals. We are committed to resolving our clients’ disputes as fast and effectively as possible. We strive to include our clients as much as possible in the process and respect their feedback. Our track record of success in the courtroom – which is rare given the nature of our practice – demonstrates our ability to litigate.
No Office Visit Required for Clients Seeking Lemon Law Representation
We are able to resolve the majority of Lemon Law matters without our clients even having to visit our office. If you reside within driving distance of one of our locations in Dana Point, San Diego, or Los Angeles, we invite you to come in and speak with us about your Lemon Law claim in person. If you reside in Irvine, or anywhere else in Southern California, or anywhere else in California, we can perform your free consultation and case review over the phone with no travel required. Obtain Assistance Immediately
Learn More: Understanding California’s Lemon Law
Finding out how many opportunities the dealership’s repair service should have to rectify an issue is never an easy decision to make. Fortunately, if a particular number of repair efforts are made (or if the vehicle is in the shop for a certain number of days) during the first 18 months or 18,000 miles, the law creates a presumption in favor of the automobile owner. Read on for more information.
The California Lemon Law Claims Process
It is important to have a thorough awareness of the claims procedure in order to make educated judgments regarding your case. There are several phases involved in enforcing your legal rights under California’s Lemon Law, starting with mailing a demand letter and progressing through examining settlement possibilities and, if necessary, preparing for a court battle. Read on for more information.
What Makes California’s Lemon Law Unique?
Despite the fact that every state has a Lemon Law, California’s version is unique. It is widely regarded as one of the most advantageous consumer protection laws in the country for consumers of faulty automobiles, and it is enacted by the federal government. Individuals and organizations wishing to assert their warranty rights in California should be aware of nine important factors that distinguish the state’s Lemon Law from other states. Read on for more information.
What to Do if You Have a Lemon
When you are ready to begin the claims process, there are nine actions you may follow to ensure that your California Lemon Law claim is as successful as possible. Determine how to document your issue, gather repair documents, and prepare for a free attorney consultation are some of the things you should take next. Read on for more information.
California Lemon Law FAQs
Each and every person who has to deal with a faulty new automobile has one thing in common: they all have questions that need to be answered right now.
Even while we at NealeFhima cannot tell you why your automobile manufacturer failed to implement stronger quality control procedures, we can provide you with answers to some of the most often asked questions under California’s Lemon Law, which are included below. Read on for more information.
California Lemon Law
The Fundamentals: When does a car qualify for a rebate?
- 4 unsuccessful repair attempts of the defect, vehicle is out of service for 30 days, or 2 unsuccessful repair attempts for a defect that is likely to cause
death or serious injury within 18 months or 18,000 miles of purchase, or a ‘reasonable’ number of repair attempts during the entire express warranty period, whichever is greater.
The owner must send a direct written notice to the manufacturer at the location indicated in their owner’s handbook, within a stipulated time frame. This policy applies to small enterprises with up to five cars under 10,000 pounds in gross vehicle weight. Read the Lemon Law Statute in the state of California. See how California’s Lemon Law compares to those of other states in the Lemon Law Rankings published by the Center for Auto Safety (CAS). Check out the Center for Auto Safety’s Letter to the California Attorney General on Lemon Law RankEffectiveness for an in-depth analysis of your state’s lemon law’s advantages and disadvantages.
Department of Consumer Affairs (DCA) of the state of California Lemon-aid for the general public.
California Lemon Law Info – CA Lemon Law Attorneys
According to California law, if your vehicle is determined to be a lemon, you are entitled to a refund of your money (less an amount based on how far you have driven it since it was first repaired), and the manufacturer is also required to pay off your loan, after which you must return your vehicle to the manufacturer. Alternatively, you may be entitled to a replacement car under certain circumstances. Alternatively, you may be entitled to a new car in lieu of your present vehicle, and there is also the potential of receiving monetary compensation if you want to maintain your current vehicle.
What vehicles Are Covered Under the California Lemon Law?
The California lemon law applies to new passenger automobiles, SUVs, vans, and trucks weighing less than 10,000 pounds that are acquired in the state of California. The policy also applies to demonstrator cars, leased vehicles that are subsequently acquired on lease, and motorbikes. Also included are used automobiles that are sold by dealers within two years of the original purchase and if both the previous owner and the new owner utilize the vehicle for personal, family, or home reasons during that time period.
- A new car that has been purchased or is being used largely for personal, family, or home use
- Purchase or primary use of an unregistered new vehicle with a gross vehicle weight (GVW) of less than 10,000 pounds that is purchased or predominantly used for commercial reasons (assuming that the owner or firm has no more than five cars registered in California)
- A motor home’s chassis, chassis cab, and powertrain systems are all considered to be its chassis. Used vehicles sold with a manufacturer’s new car warranty include dealer-owned vehicles, demonstrators, and pre-owned vehicles. Vehicles that are leased
- MOTOCROSS motorcycles that are registered in accordance with the Vehicle Code
California’s Lemon Law presumes that a car is a lemon if it meets any of the following criteria:
- Does not comply with the explicit guarantee provided by the manufacturer
- Has significant flaws that impair the usage, safety, or value of the vehicle
- If your vehicle has manufacturer’s defects that occurred during the first 18 months from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first), unless your vehicle is covered by a longer warranty
- If your vehicle is covered by a longer warranty, Lemon Law protects you for the duration of the warranty
- The vehicle has been in for repair a total of four times for the same problem, or if it has been out of service for 30 days due to a series of unrelated problems
- Or if the problem is likely to result in death or serious bodily injury, the vehicle has been in for repair a total of two times for the same problem. A notice to the manufacturer has been sent informing him of the necessity for repair if the manufacturer so specifies
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
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Does the California Lemon Law apply to used cars?
The majority of the time, if a vehicle is acquired used and the faults develop while the vehicle is still under warranty, whether it is a manufacturer’s new car warranty, a certified pre-owned warranty, or an extended warranty, the vehicle may still qualify as a lemon. For the record, a used car acquired as-is and without warranty does not qualify as ‘lemon’ under the terms of the California Lemon Law.
Getting Lemon Justice — Relief Under California Lemon Law
A successful claimant under the California Lemon Law has a number of remedies available to them.
First and foremost, you may be given a new car that is the same year, make, and model as your original vehicle. You may also be eligible for a monetary prize, which may include one or more of the following:
- Purchase price plus sales tax
- Registration fees
- Finance charges paid on your loan
- Towing and car rental costs
- Incidental expenses
- Attorney’s fees
The amount of the monetary reward may be lowered if the vehicle’s entire mileage is deducted from the total amount of the monetary reward. This sum is computed by dividing the number of miles driven at the time of the first repair attempt by 120,000, and multiplying the result by the purchase price of the vehicle.
Pursuing a CA Lemon Law Claim
You must request arbitration in order to obtain remedy under California Lemon Law if the manufacturer of your car participates in a state-certified arbitration program; nevertheless, you may accept or reject the arbitrator’s ruling (but you may not accept or reject the arbitrator’s decision). If you have an issue with your vehicle and the manufacturer does not participate in a state-certified arbitration program, you must still tell the manufacturer if the manufacturer’s owner’s handbook says such reporting is necessary.
Here is an example of a demand letter that you may modify to suit your needs.
Hiring a Lemon Law Lawyer in California
The majority of automobile manufacturers operate under the philosophy of ‘No lawyer, no money.’ This means they are counting on their ability to outmaneuver a customer who has not engaged a Lemon Law counsel to protect their interests. When a manufacturer engages in a state-certified program, customers are required to proceed to arbitration under California Lemon Law. However, you will only be on an equal footing if you have an advocate on your side. Depending on your situation, a lemon lawyer may submit your case before an arbitrator or in court, and may summon and interrogate witnesses.
Nonetheless, hiring a Lemon Law attorney is possibly the most significant reason to do so: it sends a clear signal to the manufacturer that you are serious about your claim and are prepared to sue them to obtain justice.
When they are, they normally reach a rapid settlement because they are aware that the expense of going to court would be far greater.
If you decide to proceed to court, remember that you should not be required to pay a lemon lawyer to represent you in your Lemon Law lawsuit.
What Happens When You Hire a Lemon Law Lawyer?
Unscrupulous lemon lawyers will fight on your behalf to ensure that you receive the full amount of compensation that you are entitled to — which is often in the form of either a cash settlement, refund, or new car. All of your records, such as repair orders and correspondence pertaining to your lemon will be requested by your Lemon Law attorney. Once your attorney has completed a comprehensive study of your vehicle’s maintenance history, he or she will submit the manufacturer with a statement explaining the facts of your case and seeking a complete recovery.
Most of the time, the manufacturer will agree to a settlement; but, if this is not the case, your Lemon Law attorney should be prepared to fight the company. Your lawyer should be able to conclude your issue within one to two months of your initial consultation with them.
Your Lemon Law Legal Rights
Do you believe you have a lemon? Allow the professionals to assist you with your lemon at no additional expense to you. Automobile manufacturers are required to pay legal expenses under the legislation. It’s possible that you’ll be able to get your lemon out of your life. Year after year, thousands of people who have purchased ‘lemons’ from vehicle manufacturers are reimbursed, replaced, or get financial settlements. What are our identities? We are Lemberg Law, a Consumer Protection Law Firm located in New York City.
The Better Business Bureau has given us an A+ rating.
There is no fee until and until we win.