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what is the hyundai lemon law and how does it work

What Is the Hyundai Lemon Law and How Does It Work?

The Hyundai Lemon law covers all models, including the Tucson, Palisade, IONIQ 5, Sonata, Elantra, and more. You may be due compensation if the Hyundai dealership sold you a lemon vehicle. A lemon vehicle is one that’s purchased or leased with unrepairable defects while the car is covered under the manufacturer’s warranty.

Whether your Hyundai vehicle has an unrepairable engine noise or there’s a serious safety issue, you have rights through the Lemon law. To get the best possible outcome, you’ll want a qualified Lemon law attorney to navigate the claim for you.

The Lemon Pros have experience working with Hyundai to get clients compensation. With our practice area focused solely on defective lemon vehicles, we know how to settle claims fast with maximum compensation. Contact us for a free consultation today.

In this guide, we show you how and when to file a Hyundai Lemon law claim. We also walk through the Hyundai Lemon law process to ensure you don’t miss a vital step.

What is the Hyundai Lemon Law in California?

What is the Hyundai Lemon Law in California?

California Lemon Law, otherwise known as the Song Beverly Consumer Warranty Act, ensures protection for drivers of defective Hyundai vehicles. The California Lemon law states that you can get a cash settlement or replacement vehicle if your Hyundai can’t be repaired. It’s quite different from Lemon laws in other states because California offers a lot of consumer protection. For example, laws can be much stricter in states such as Arkansas, Virginia, and Wyoming, so it’s important to work with an experienced lemon law attorney.

Aside from the state Lemon law, you can also get protection through federal regulations. The Magnuson-Moss Warranty Act works in conjunction with California law to protect buyers and lessees of certain Hyundai models.

Types of Hyundai Vehicles Covered by the Lemon Law

A vast majority of Hyundai vehicles sold or leased qualify for California Lemon law. New vehicles are covered if they experience recurring defects within the first 18,000 miles or 18 months. There’s also a Lemon law for used vehicles in place for the car if it’s still covered by a warranty provided by the dealership or manufacturer.

The common denominator is that the defective Hyundai vehicles are covered by a warranty. With the new car, it’s going to have a manufacturer’s warranty (powertrain, bumper-to-bumper, etc). When used cars are purchased through a dealership, there may also be a warranty attached. In comparison, a Certified Pre-Owned Hyundai should still have the original warranty protection.

Hyundai owners can also file a claim for a variety of types. For example, there’s protection whether you are driving an SUV, sedan, or crossover. The same applies to the fuel type, whether it’s gasoline, hybrid, or electric.

How to Know if You Qualify for Hyundai Lemon Law

How to Know if You Qualify for Hyundai Lemon Law

Is your car a lemon? Lemon law cases can be filed if your vehicle meets the following criteria.

Defect severity: The Hyundai car must have a defect that significantly impairs the use, value or safety of the vehicle.

Mileage/age requirements: A new car is covered for 18,000 miles or 18 months, whichever comes first. The state’s consumer-friendly Lemon laws also protect used cars in certain circumstances.

Multiple repair attempts have occurred: Repairs must have been attempted on the lemon vehicle. For serious safety issues, a minimum of two attempts is required, with all others needing four. However, the dealership cannot keep your car for more than thirty days for each defect.

Even if you think that your car doesn’t qualify, it’s best to speak with Lemon law experts. There are many other reasons to sue a car dealership, and your situation may better fit into one of those categories.

Common Issues with Hyundai Cars That May Qualify for Lemon Law

When looking at consumer complaints and settled lemon cases, we see a lot of affected vehicles from Hyundai. Across the Santa Fe, Tucson, Sonata, Elantra, and other Hyundai Lemon law buyback cases we’ve settled, we’ve seen the following problems.

  • Defective tow hitch harnesses
  • Malfunctioning anti-lock brake systems
  • Glitchy electrical systems
  • Failed power steering systems
  • Transmission problems (premature clutch failure, rough shifting, leaks)
  • Engine issues

When the substantial defect persists and cannot be repaired in a reasonable number of attempts by an authorized repair facility, it qualifies as a potential lemon under the state's law.

To prove your case, you’ll want to keep a record of all the service visits, showing the attempted repairs. You also want to record any communication you’ve had with the Hyundai dealership or manufacturer.

What to Do if You Think Your Hyundai Is a Lemon Vehicle

What to Do if You Think Your Hyundai Is a Lemon Vehicle

Do you know what to do if your car is a lemon? The next steps you take can make the difference between receiving a settlement and having your claim denied.

Document the Issues with Your Hyundai

If your Hyundai qualifies for Lemon law, you need to get all of the paperwork and documentation in order. Gather your warranty paperwork, purchase or lease agreement (outlining the purchase price, down payment, registration fees, sales tax, and other fees), repair orders, and communication with the dealerships.

Across the several repair attempts occurring, document each of the problems that were noted, whether they were for the engine, transmission or electrical system. After the attempt, you want to note that the same problem persisted. With each document, make sure there’s a date, problem description, and name of anyone that you worked with. If you need to pay any repair costs out of pocket, you want the receipts and total for these as well.

If you contact Hyundai’s consumer affairs number or email, keep a record of those communications as well. These exchanges can be invaluable when attempting to get a cash settlement or vehicle replacement.

Attempt Repairs with the Dealership

What to Do if You Think Your Hyundai Is a Lemon Vehicle (Attempt Repairs with the Dealership)

Before filing a Lemon law claim, you must allow Hyundai the chance to repair the vehicle. Therefore, if the car hasn’t been to the Hyundai dealership at least two times for serious safety issues and four for all others, then you must take this step first.

Be clear with the service department about the troubles you are experiencing and document them, when possible, with photos or a video. With each visit, you should document what occurred and if the problem was repaired. Make a note of anyone you spoke with and the steps that have been taken to resolve your concern.

Additionally, you want to track the amount of time that your vehicle spends in the shop. If there’s any inconvenience caused to you, such as the need for a rental car or towing bill, document these items as well. An experienced Lemon law lawyer may be able to get compensation for your incidental expenses.

Review Your Warranty and Legal Rights

CA Lemon law covers not just new cars but also used ones. Therefore, you need to carefully read your warranty coverage to ensure that it’s still valid and covers the affected components. The exception to the rule is for a recalled component, which may not still be covered by the car warranty but remains the manufacturer’s responsibility to replace.

Take some time to read through the purchase agreement as well, especially with a used car. You want to look for any special protections or clauses that may be pertinent to your Lemon law claim. For example, some manufacturers require arbitration to occur before a claim can progress.

Contact an Experienced Lemon Law Lawyer

If you want a comparable new vehicle or a cash offer for your defective vehicle, it’s best to get a free consultation with a qualified attorney. An expert can maximize compensation and provide guidance through the claim process, so nothing gets missed that costs you the case. The best attorneys will evaluate whether you have a lemon case before moving on, avoiding wasted time.

Legal experts also simplify the claims process by handling all of the negotiations with Hyundai and the dealership. You won’t have to worry about a thing during the claim.

To find a qualified lawyer, it’s important to check online reviews. You can also review any complaints made with the Better Business Bureau (BBB) and ask your friends or family for recommendations. It’s best to find a lawyer that offers a free consultation before charging any legal fees, so you get the chance to meet the team and ask your questions.

The Lemon Pros offers a free case evaluation and has a nearly perfect success rate, proving that we are leaders in the industry. Call for your appointment today!

Most attorneys work on a contingency fee basis, meaning there’s no payment required until the case is won. The attorney’s fees are the manufacturer's responsibility if you win your case, meaning you have to pay nothing out of pocket.

File a Hyundai Lemon Law Claim

What to Do if You Think Your Hyundai Is a Lemon Vehicle (File a Lemon Law Claim)

When it’s time to file a Hyundai Lemon law claim, you need to first contact the manufacturer. Hyundai has a dedicated team devoted to Lemon law concerns, and some issues can be worked out simply by going through this process.

In all requests, be sure to include your name, contact information, VIN of the vehicle, and documentation of the problems. It could take some time before the manufacturer responds, so you may need to be patient during this process. If you regularly follow up with your attorney, you can stay informed about the claim’s progress.

With new and leased cars, you may need to go to court, which could add further time to the settlement. However, you won’t need to pay any court costs if you win the case, as it will be included in the settlement from the manufacturer.

When all is said and done, you may be looking at one of these settlement options:

Replacement vehicle: Hyundai may provide you with a replacement car that doesn’t have the same issue. It will be the same make and model, with similar features to your vehicle.

Refund: During the buyback process, Hyundai may provide you with a refund based on mileage offset determined by when the problem started. In exchange, you will have to give the car back.

Cash-and-keep: If the problems aren’t severe and you can deal with them, you may prefer the cash-and-keep option. Hyundai offers you a reasonable allowance to compensate for the problem, and you keep the car. However, this settlement can potentially lead to other problems down the road, especially when you attempt to sell the car.

Denial: All major automakers have the option to deny your request. At this point, the case can be dropped if you don’t want to fight it, or your lawyer can take it to court.

Because Lemon law is a complex process, you should always work with a qualified attorney to get the best outcome.

What to Expect From a Hyundai Lemon Law Process

Lemon law settlements range in size depending on several factors. The refund depends on the severity of the defect, how much the vehicle was used before the defect occurred, and how many times the necessary repairs have been attempted.

For example, if you’ve gotten 10,000 miles out of the car and now a small defect affects how the passenger seat functions, you may choose to skip the buyback program and take a small cash settlement instead. There’s also the chance that Hyundai offers to continue repairs and attempt to make it right.

If your case against Hyundai is successful, you also have the right to get your attorney fees paid for. There’s no reason for you to spend anything out of pocket once the Lemon law claim is finalized.

What is the Hyundai Lemon Law Buyback Program?

What is the Hyundai Lemon Law Buyback Program?

As a global market automaker, Hyundai is responsible for buying back defective cars if they meet the guidelines. Unless Hyundai satisfactorily repairs your vehicle, you have the right to a replacement of equal worth. A lawyer can help you navigate the ins and outs of the Hyundai lemon law buyback program to ensure your rights are protected.

Hyundai will verify eligibility for the program and offer you a replacement vehicle. You must then return the vehicle in good condition (no excessive wear and tear or mileage) to your local dealership. There will be paperwork to fill out before you receive the replacement. You may also need to apply for a new car loan if the agreement isn’t transferable.

Facing Issues with Your Hyundai? Need Lemon Law Experts?

If you have a defective Hyundai that cannot be repaired in a reasonable amount of time, it’s time to get a lawyer involved. California’s Lemon law covers new and pre-owned Hyundai vehicles, ensuring that you aren’t stuck driving a defective vehicle. There’s no reason for you to continue driving a lemon, nor should you have to take the car into the shop anymore.

The Lemon Pros know how to get results, and will fight for your rights. As the best Lemon law attorney in the region, we’ve secured thousands of settlements. Reach out for your free case evaluation today.

Michael Saeedian
Founding Attorney
Michael Saeedian
Lemon Law Attorney
10 months ago · 11 min read
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Here in California, strong consumer protection laws protect buyers of vehicles and other consumer goods. These laws are important – especially when buying or leasing a new vehicle, which is the largest purchase many Californians make regularly. The California Lemon Law gives you legal rights when you are stuck with a vehicle that breaks down again and again.

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