California Lemon Law Lawyer
California’s Lemon Law (Civ. Code § 1793.22) protects you when a new car you buy or lease is defective even after several repair attempts. The Lemon Law protects consumers who have purchased or leased a new or used car, motorcycle, or other vehicle from a California dealership. Under California lemon law you are entitled to a refund or replacement if your vehicle has serious defective issues impairing its value, use or safety. A California lemon law attorney can help you.
In California, over 150,000 vehicles sold turn out to be lemons every year. Buying a car is a large purchase that affects every aspect of your daily life from your physical safety and that of your loved ones, to your work, family, and social life. California Lemon Law is what protects you when your big purchase turns out to be a defective nightmare.
Our experienced California lemon law trial attorneys are fierce advocates who fight for you against the giant auto manufacturers. California Lemon Law requires the auto manufacturer to pay your attorneys’ fees and costs for you when you successfully settle your lemon law claim. No out of pocket fees. We get paid by the manufacturer when we win. Schedule your free consultation today.
What is California’s Lemon Law?
“Lemon law” is the term used for a set of legal statutes that protect consumers who have bought vehicles with defects that significantly impair their use, safety, or value. California’s lemon law protects consumers in California who have bought vehicles that, unbeknownst to them, are defective and in need of multiple repairs. The law aims to protect you by obliging manufacturers to repair defective vehicles within a “reasonable number of attempts.” When the manufacturer is unable to do so, then it must offer a “lemon law buyback.”
What is a Lemon?
Under California’s lemon law statute, a lemon is a new or used vehicle with a nonconformity, defect, or condition that is covered by a manufacturer’s new vehicle warranty, and that substantially impairs the vehicle’s use, safety, or value, and that still exists after giving the manufacturer a reasonable opportunity to repair.
If a vehicle is a lemon, the manufacturer or dealer may be obliged to replace your vehicle, give you a full refund of the purchase price (subtracting deductions permitted by the law), or provide you with an appropriate cash settlement. For purposes of replacement or repurchase, the value of your lemon is subject to a reduction for your use of it. Your vehicle is determined to be a lemon after multiple repair attempts are made.
How much is my Lemon worth under California Lemon Law?
If your vehicle is a lemon, you may be entitled to a new vehicle or your money back. A “lemon law buyback” can be either a full refund of the purchase price (less certain deductions permitted by law) or a materially identical replacement vehicle. When it comes to a replacement or a refund, the value of your lemon is subject to a reduction for your use of it.
Do I need a lawyer to file a lemon law claim?
No. California Lemon Law absolutely allows you to file your own claim without the help of an experienced lemon law attorney. A more important question to ask yourself is, “Should I file a lemon law claim on my own?” Again, no. A California lemon law attorney knows the ins and outs of the auto manufacturers’ tricks to protecting their own interests instead of yours.
How To Respond if You Believe Your Vehicle Qualifies as a Lemon
If you have reason to believe your vehicle should qualify as a lemon, it is essential that you act quickly and follow proper protocol to protect your rights. Here are key steps to ensure you respond properly so your rights are protected:
- Document Every Repair Attempt: It’s important that you keep detailed records of all repairs. Save repair documents, receipts, invoices, and any communication with the dealership or manufacturer. Include the date, specific problem, attempted repairs, and service center’s name on each document. Note the vehicle’s mileage at each repair attempt to demonstrate how quickly the issue came up after the vehicle was purchased.
- Understand Your Warranty Coverage: It’s important to understand your vehicle’s warranty terms and confirm that your vehicle defects fall within the manufacturer’s warranty period. Under California’s Lemon Law, the defect must occur while the vehicle is still under warranty.
- Notify the Manufacturer: It is vital that you send an official notice directly to the vehicle manufacturer. This is often done through customer service or a claims department. Detail the defect, all repair attempts, and how the defect impairs the vehicle’s use, value, or safety. It’s beneficial to send a written communication, as this creates an official paper trail that shows you notified the manufacturer of the issue.
- Allow for a Reasonable Number of Repair Attempts: California’s Lemon Law generally requires that you allow the manufacturer or an authorized dealership a reasonable number of repair attempts.
- Request a Replacement or Buyback: It’s important that you understand your options if a defect remains unresolved. In some cases, you may be eligible for a replacement vehicle or a buyback.
- Consult a Lemon Law Attorney: If the manufacturer is uncooperative, disputes your claim, or you have questions regarding the legality of your situation, speak with an attorney who is experienced in Lemon Law claims, as they can provide insight into your case.
- Pursue Legal Action: If you can’t reach a settlement or the manufacturer is irresponsible or uncooperative, you may be eligible to file a legal claim under California’s Lemon Law. Litigation may result in a buyback, replacement, or monetary settlement should you be successful.
You can improve your chances of a successful resolution under California’s Lemon Law by following these steps and promptly responding to the defect.
Understanding Mileage Offset Under California’s Lemon Law
The “Mileage Offset” under California’s Lemon Law is a deduction that can be applied to a buyback amount when a consumer receives a refund for a defective vehicle. This deduction can account for the time that the vehicle was used before the defect first appeared, balancing the compensation with the vehicle’s value for that period.
The offset may only apply to the miles that were driven on the car before the defect was reported and is generally only relevant for buybacks, not replacement vehicles. The goal of the offset is for the manufacturer to account for the consumer’s use of the vehicle to make the reimbursement fair. To ensure an accurate calculation, keep detailed records of when the defect first appeared, as shown by your repair invoices.
What Happens if I Lose My Lemon Law Claim?
If you lose your Lemon Law claim in California, there are potential outcomes and available next steps to keep in mind. A large concern for those losing out on their claim is the financial impact of paying for the manufacturer’s legal fees. If you filed the claim in good faith that you were working with a lemon vehicle, you may not be required to pay the legal fees of the manufacturer, but you may be required to cover your own legal fees.
If you lost your case in arbitration or trial, you may have the ability to appeal the decision, especially if you believe there was an error in the interpretation of the law or the specific facts of your case. In certain situations, you may also have grounds to refile if new evidence arises. To improve your case, document every repair attempt and communicate with a trusted attorney who can assist you in exploring other options and avenues for relief.
FAQs
Q: Who Covers Attorney Fees Under the California Lemon Law?
A: If you win your case against the manufacturer, they are typically responsible for covering attorney and court fees and costs. This is provided to ensure consumers pursue valid claims without worrying about the cost of legal representation. This rule is intended to level the playing field between large manufacturers who have access to resources and consumers, encouraging consumers to pursue rights protection.
Q: What Is the Average Lemon Law Settlement in California?
A: In California, the average lemon law settlement varies widely, depending on the unique factors of each case, such as the vehicle’s price, the severity of the defect, and other relevant aspects of the case. The goal of the Lemon Law is to fully reimburse the consumer, whether through a refund, a replacement, or compensation for the vehicle’s reduced value and all other related costs associated with vehicle defects.
Q: How Long Does a California Lemon Law Case Take?
A: How long a California Lemon Law case can take varies depending on the complexity of the defect, the manufacturer’s responsiveness, and whether the case goes to trial. A Lemon Law case may be settled before reaching court, especially in well-documented cases and cases with thorough legal representation, which can significantly reduce the duration.
Q: What Types of Vehicles Are Covered Under the Lemon Law in California?
A: The types of vehicles that are covered under California’s Lemon Law include various types of personal and commercial vehicles, as long as they meet certain conditions. These vehicles may include new, used, or leased cars, trucks, SUVs, motorcycles, recreational vehicles, and motorhomes. If you are unsure if your vehicle is covered under California’s Lemon Law, speak with a trusted Lemon Law attorney to gain insight.
Q: What Is the Statute of Limitations for a Lemon Law Claim in California?
A: The statute of limitations for filing a California Lemon Law claim is typically a few years, and the period of time generally begins when you first discover or reasonably should have discovered the defect that qualifies a vehicle to be considered a “lemon.” It is recommended that you take action as soon as you realize your car has a defect and might be a lemon.
Speak To a Trusted Lemon Law Lawyer Today to Learn Your Options
An experienced trial team will help you maximize your recovery and get back what you are rightfully owed under the law. Call us or schedule your free consultation today and we will walk you through the process, no obligations. If your vehicle is a lemon we can handle your case at no charge to you. We handle these matters on a contingency basis and we have the manufacturers pay our fees and your costs when you win.
