Do I Need a Lawyer for Lemon Law?

If you’ve been stuck with a defective vehicle, you may have rights through California’s Lemon Law. It’s important to understand what you are entitled to and determine if a lawyer is necessary for getting compensation.

While you may not need a Lemon Law attorney to get reimbursement for your defective vehicle, you may achieve a better outcome with one. Manufacturers and dealers are more likely to take your Lemon Law case seriously if a lawyer is involved.

The Lemon Pros have a track record of resolving Lemon Law claims quickly. Past results do not guarantee a similar outcome. Because we’ve dedicated our practice area to the state and federal Lemon Law, we can get you a refund or replacement vehicle in California quickly. We offer free consultations, so contact us today.

In this guide, we clarify whether you need a Lemon Law attorney. Furthermore, we explain why it’s a good idea to have a skilled Lemon Law attorney on your side and give you some valuable information when choosing legal representation.

What Is Lemon Law?

The lemon vehicle is covered by two basic sets of rules. There is the federal law, known as the Magnuson Moss Warranty Act, and the state laws, known as the Song Beverly Consumer Warranty Act in California. Both protect consumers from defective motor vehicles that were sold without disclosure.

Federal and state guidelines both apply to new vehicles, driven for personal reasons. These vehicles can be bought (financed) or leased. In the state of California, used cars are also covered by Lemon Law, but have a different set of guidelines to qualify.

Here are the specific criteria for new vehicles to qualify in California:

• The car and its particular defect must be covered under the manufacturer’s warranty.
• The Defect must occur within 18,000 miles or 18 months of taking ownership of the vehicle.
• A reasonable number of repair attempts are required. Four repair attempts are necessary for most defects, although only two are needed for serious safety concerns.
• The defect must substantially impair the use, value or safety of the vehicle.

Despite that last requirement being vague, a lot of problems are covered by Lemon Law. For example, Lemon Law litigation is possible for serious mechanical failures, such as the engine malfunctioning or a defective transmission. Yet, it’s also valid for minor issues such as a faulty air conditioner or glitchy power windows.

Depending on the situation, you may be offered a full refund of the purchase price or a replacement vehicle. You can also receive payment for incidental expenses, including towing bills, a rental car and registration fees. Just be sure you keep detailed records of the repair orders and communication to ensure you have the proof that’s needed.

There is no law stating that you must have an attorney to represent you during a claim. But, can you win a Lemon Law case without a lawyer? Yes, it’s always possible.

With that said, it’s never wise to start the Lemon Law process on your own. Most dealers and manufacturers aren’t going to take the claim seriously when you file as an individual. They are much more apt to negotiate and settle with a lawyer.

Legally, our state’s Lemon Law doesn’t require an attorney to file the claim, it’s important to check all local laws when filing it. Other states may have different regulations.

Pros and Cons of Hiring a Lemon Law Attorney

It’s essential to weigh the pros and cons of using a Lemon Law attorney before making your decision. While there are many benefits to letting Lemon Law attorneys work on your case, there could also be some downsides worth considering.

The Pros of Hiring a Lawyer for Lemon Law Claims

Overall, you will find more pros than cons when it comes to hiring legal counsel for your case. As experts in the process, they have better negotiating skills, are better equipped to represent your rights and can maximize your settlement.

Experts in the Lemon Law Process

An experienced attorney understands your Lemon Law rights inside and out. They have devoted their entire professional career to both the state’s law and the Magnuson Moss Warranty Act. Many of the laws entail complex language that only a lawyer could understand, making it difficult for you to file a claim on your own. While you could spend countless hours learning these processes and terms, there's no reason to when you have more important things to tend to.

Better Negotiation Skills for a Faster Resolution

If your goal is to get through the legal process as quickly as possible, a lawyer can help. By navigating the case with ease, a lawyer can negotiate a favorable settlement of buyback quickly and have you on your way.

Representation in Legal Proceedings

If the case goes to court, you don’t want to represent yourself. The claim may not be taken seriously without a lawyer and you could miss valuable details that cost you reimbursement. It’s not worth attempting to navigate the legal proceedings on your own.

Maximizing Compensation During Lemon Law Litigation

Lawyers help vehicle owners get more money from the claim. You may be entitled to a lot more than you are aware of, and could easily leave that money on the table. For example, if you’ve had to pay for towing or a rental car, your lawyer can get your reimbursement. An attorney regularly gets a higher average Lemon Law settlement amount than the typical consumer.

Contingency Fee Arrangements

When it comes to the legal fees, you may not owe anything at all. Many lawyers work on a contingency basis, meaning they don’t get paid unless you win your case. Even though most charge reasonable attorney fees, you may not even be responsible for paying them if the court rules for the manufacturer to cover the bill.

The Cons of Hiring a Lawyer for Lemon Law Claims

While the benefits of having a lawyer far outweigh the possible cons, you do want to consider the attorney fees, additional time that’s needed upfront and that you may not need an attorney.

Legal Fees

While already discussed in the pros, you do need to keep in mind that you may need to pay the legal bill at the end of the case. However, if you choose a lawyer working on contingency basis, these expenses aren’t due unless the case is won. Therefore, these lawyers work even harder to protect consumers because it’s their payment on the line too.

Additional Upfront Time Needed

When you hire a lawyer to file a claim for your new car, you can expect a little more time upfront to get the case rolling. You will need to have a consultation with the lawyer and present all your evidence. There may also be time involved to get expert witnesses and other documentation that the lawyer wants for the case. However, the overall time for the case to be settled may actually be shorter simply because you have an expert working for you.

May Be Irrelevant for Your Defective Vehicle

If the motor vehicle meets the qualifications and is straightforward, you may not need to pay a lawyer at all. However, this is something best discussed during a free consultation with an expert. Otherwise, you could miss a valuable step or qualification that’s required to get compensation.

When Should You Consult a Lemon Law Attorney?

It’s best to hire attorneys who can handle Lemon Law cases if you meet the following criteria:

Persistent vehicle issues: If your car continues experiencing the same defect without remedy, it’s best to consult with a lawyer. These defects must impair the safety, value or use if you want to file a Lemon Law claim. Your car must also meet the multiple repair attempts standards outlined above.

Manufacturer refuses to resolve an issue: If the dealer or manufacturer is not accepting responsibility for either an issue with the contract or a repair, it’s time to seek legal counsel. The right attorney will evaluate the option for filing a Lemon Law claim and look at other avenues for compensation if the defect isn't covered by this law.

Inability to use the vehicle: You may need a lawyer if the defect causes the car to remain out of service for an extended time. If the dealer has your car for more than 30 days, you may be eligible for a buyback.

Significant financial loss: If you’ve faced significant financial loss due to the defect, consulting an attorney may help you receive compensation.

You attempted to file your own claim: You can get an attorney involved at any time. If you attempted to file a Lemon Law claim on your own and it’s not turning out as you expected, don’t be afraid to ask for help.

Dealing with contracts and legal paperwork: Lemon Law cases often result in a lot of paperwork and you may be unsure about what you are signing. Have a lawyer look over the documents for you.

Learn more about your rights: A free consultation can be used to understand your rights better. A lawyer can evaluate your situation and explain what you are entitled to.

Whenever in doubt, it’s best to consult an attorney. You can ask if your vehicle qualifies for compensation and get clear guidance about the next steps.

When You Might Not Need a Lemon Law Lawyer

Not everyone needs a lawyer to get involved. For example, if you made a vehicle purchase and the dealer is allowing you to return it, you can probably handle this situation yourself. However, you want to be careful of any fees you are charged and the paperwork you need to sign.

There’s also the option to file with small claims court. For suing auto manufacturers or dealers for a small amount, you may not feel the need to have legal representation and that’s a perfectly acceptable choice, as long as you can navigate the court system yourself.

If you reach out to the manufacturer and they are willing to work with you, there’s the chance for a quick settlement if you keep the lawyers out of it. However, lawyers will hold manufacturers accountable and often get a higher payout than what you can do on your own. During a free consultation, you can get clarity on your unique situation.

How to Find a Skilled Lemon Law Attorney

If you don’t know how to find an expert California lemon attorney, you could end up with someone who’s inexperienced. Start by choosing an attorney who specializes in Lemon Law. Otherwise, they may be spread too thin and not have the expertise you need.

It’s okay to ask the lawyer for their credentials. They should be willing to discuss their education and certifications with you. You also want to know about their track record and ask how many cases they have won.

You can ask family and friends for a recommendation. The internet is also a good place to check ratings and reviews. We recommend searching the company with the Better Business Bureau (BBB) to ensure they don’t have open complaints.

During your free consultation, you should ask about the fee structure. Most attorneys work on a contingency basis, meaning you only pay if the case is won. This setup protects you from spending money with nothing in return.

During that consultation, take time to evaluate the lawyer’s communication. Are they being clear with you and speaking in a language you understand? Remember that you will need to communicate regularly with the team, so it’s important that there’s a healthy exchange going on between you and the team.

Above all, your lawyer should be transparent and trustworthy. When discussing fees, expectations and legal strategies, you want to know that you can trust what the law firm is telling you.

What Are the Average Attorney Fees for Lemon Law Cases?

How much do attorneys cost? Depending on the structure that’s set up, you may not have to pay anything. On average, Lemon Law attorneys charge $400 to $600 an hour. If your lawyer works on a contingency basis, you won’t need to pay anything until the case is won. Better yet, if the court awards fee-shifting (where the manufacturer pays for your lawyer), you will end up paying nothing out of pocket.

When all is said and done, how much does a Lemon Law attorney make on a lawsuit? Even on a basic lawsuit, the firm is going to make several thousand dollars, but you need to keep in mind how much time and energy is invested in the case. There may be a need for expert witnesses and there will be countless hours putting the case together. In the end, if you get a substantial settlement or a new vehicle, it’s all worth it.

Most reputable firms provide you with a no-win, no-fee structure. This ensures the lawyer works as hard as possible to get you compensation because their payday only occurs if they are successful.

Looking for the Best California Lemon Law Attorney?

If you are dealing with defects that affect the vehicle’s safety, use or value, it’s time to consult with a lawyer. State laws allow for compensation for new and some used vehicles, so you want to get legal help as soon as possible. To ensure a successful outcome of the claim, you want a lawyer who protects your rights and never settles for less than what you deserve.

The Lemon Pros know how to fight for the rights of clients and have handled thousands of cases. Past results do not guarantee a similar outcome. As experienced California Lemon Law attorneys, we mean business when we file a claim, and auto manufacturers know it. Take legal action today and get a free case evaluation.

Frequently Asked Questions

Do I legally need a lawyer for a lemon law claim?

No. You can bring a California lemon law claim yourself. The question is practical rather than legal.

Why do most people use one anyway?

The Song-Beverly Act contains a fee-shifting provision: on a successful claim the manufacturer pays your reasonable attorney fees and costs. Representation therefore does not come out of your recovery.

What does an attorney actually do on these claims?

Assembles the repair history, establishes the defect appeared while the warranty was in force, sends the demand, and negotiates with the manufacturer. Much of the work is documentary.

Can I negotiate directly with the manufacturer?

Yes. Manufacturers do settle directly. Whether the offer reflects what the statute provides is the part worth checking before accepting.

What if I have already accepted an offer?

A signed settlement is generally binding, so it is worth understanding what a buyback would have included before agreeing to a lesser figure.

Will hiring a lawyer slow things down?

Not usually. Claims typically resolve in three to six months either way, and a complete demand often moves faster than an informal back and forth.

What documents do I need before anyone can help?

Every repair order, the purchase or lease agreement, the warranty booklet, and a note of when the defect first appeared.

Does it cost me anything if the claim fails?

Firms working on contingency under the Act's fee-shifting provision generally do not charge you where the claim does not succeed. Confirm the terms in writing before you engage anyone.

Can a lawyer help with a used or leased vehicle?

Yes. Leased vehicles are covered on the same terms, and used vehicles qualify where a manufacturer's or dealer's warranty was in force.

What if the manufacturer has already denied me?

A denial is a position rather than a decision. It usually turns on the number of repair attempts or whether the defect is substantial, both of which the repair orders address.