Because every state sets its own regulations for defective vehicles, it’s critical to understand California Lemon law. In the broadest sense, it ensures drivers aren’t stuck in a defective motor vehicle. Under California law, if a car is covered by its factory vehicle warranty and has an unrepairable defect, it may be eligible for Lemon law protections. An experienced Lemon law attorney helps you receive the best outcome possible because they fully understand these laws.
The Lemon Pros has decades of experience cumulatively in getting the best compensation for clients in California. With our main practice area being focused on Lemon law, we know what vehicles are eligible, the amount of compensation you may be owed, and how to go about the whole process. Contact us for a Lemon law free consultation and let us handle your case.
This guide will break down the Lemon law rules in California, helping you understand your rights and how to pursue a claim.
California’s Lemon Law, also called the Song-Beverly Consumer Warranty Act, was made to protect consumers who purchased or leased a defective vehicle. Under this CA law, if a car has substantial defects that affect its use, value, or safety, and the manufacturer or dealer is unable to repair the issue after a reasonable number of attempts, the consumer may receive a refund or replacement vehicle. This law is applicable to both new and used vehicles if they are still covered under the manufacturer’s warranty.
Working with the Song-Beverly Consumer Warranty Act, California also has the Tanner Consumer Protection Act adding further regulations. The Tanner Consumer Protection Act outlines how a manufacturer must respond to claims of defective vehicles.
Both of these California regulations are on top of federal laws, allowing for comprehensive protections for drivers. With a Lemon law attorney, these regulations are swiftly navigated, allowing for maximum compensation from the manufacturer.
California Lemon law covers a wide variety of vehicles and problems. However, it’s essential to understand the rules or your Lemon law case could be easily dismissed.
Both new and used motor vehicles are covered by California law. While most of the protections refer to new cars, there are also stipulations for pre-owned cars if they were purchased from a dealership and came with a warranty. With new cars, the vehicle doesn’t need to be purchased. It could also be leased and be covered under California’s Lemon law.
As far as the types of vehicles covered, most passenger cars are included. The maximum gross vehicle weight (GVM) is up to 10,000 pounds, allowing more pickup trucks, SUVs and cars to be eligible. While the main focus is for personal and family vehicles, there are also inclusions for small business purposes, provided that the company only has up to five vehicles in the fleet.
Motorcycles, chassis cab trucks, most motor homes and RVs also receive protection, but there’s no coverage for off-road vehicles because of the defects that could be caused by wear and tear.
Whether you are dealing with a truck or a motor home, the same regulations exist concerning defects. New or used vehicles with a defect that substantially impairs the use, value or safety are considered eligible for Lemon law protections.
Some of the types of problems covered include major mechanical issues, such as engine failure, to minor inconveniences, even to the extent of power windows that don’t work. A vehicle qualifies if the same problem continues to reoccur without any remedy.
There’s a statute of limitations to file a claim. From the time that the defect was first discovered, you have four years to start the case. However, we always encourage our clients to begin the Lemon law process as soon as possible, to ensure compensation is swift and expedited.
With that in mind, the only defects that are eligible for compensation are those that occurred within the first 18 months or 18,000 miles of taking possession of the new motor vehicle. The Lemon law time limit is different for used cars, based on how long the warranty coverage is.
A key factor in winning Lemon law cases is ensuring that there have been a reasonable number of repair attempts based on what type of defect is in question. In most cases, two to four unsuccessful repair attempts are required before it’s considered a lemon vehicle.
For example, an automobile manufacturer may not be allowed more than two reasonable repair attempts if there’s a major safety defect that could lead to serious injury. Additionally, the dealership may not hold your vehicle for more than thirty days across all attempts.
Having a car covered by a warranty is one of the leading factors in claiming a lemon. The new car comes with a manufacturer’s warranty that covers all defects aside from general wear and tear or modifications. Some manufacturers have a 3-year warranty, while others extend it longer.
An extended warranty or written warranty can also be enough to file a Lemon law claim. If a used vehicle comes with a warranty and is purchased from a reputable dealership, there may be a small window of time when a claim can be filed.
The extended warranty is designed to complement the factory warranty. It picks up when the factory warranty expires to provide more protection over a longer time. It doesn’t void the manufacturer’s warranty and it can still be applicable for Lemon law claims.
In California, both the new and used vehicles can be considered a lemon. However, there are clear differences between the two, so it’s vital to understand the California civil code.
Both the state and federal law are mainly aimed at the new vehicle used for household purposes. Civil penalties exist for manufacturers that knowingly sell a defective vehicle or fail to repair it properly. The vehicle owner is entitled to compensation if the defect substantially impairs its use, value and safety, with no repair possible within four attempts.
These new cars are still covered by the manufacturer’s warranty and the defect must appear within the first 18 months or 18,000 miles, whichever comes first.
There are stricter guidelines when it comes to the Lemon law for used cars. First, there must be a warranty on the vehicle. Furthermore, the car must have been purchased through an authorized dealership. A private sale won’t receive any protections.
The Lemon law filing time is different, based mainly on the warranty that’s provided. For that reason, it’s best to speak with a qualified attorney about your consumer rights.
If your vehicle qualifies as a lemon, you have the right to compensation from the manufacturer. You don’t deserve to be stuck in a defective vehicle any longer, and an experienced lawyer can help you take legal action.
Not only is it important for you to reclaim your time and money, but it’s also essential that the manufacturer be held responsible. Only by filing these claims can we help prevent defective vehicles from being sold in the first place.
After all the hassle you’ve had with the lemon car, you don’t want to make any mistakes that cost you compensation. We have some expert tips to ensure you get everything you deserve.
We cannot stress enough the importance of keeping detailed records. You want all of the original paperwork to start with, including the purchase agreement with the vehicle identification number and the manufacturer’s warranty.
Once the defects start, you need to keep a record of the repair orders and invoices. It’s also essential to keep copies of all communication records. Mark down everyone that you’ve spoken with and the dates.
Before taking any legal action, you will be responsible for notifying the manufacturer with a demand letter. Your demand letter needs to include the vehicle code, model year, make and any other identifying information. You also want to outline the repair attempts and your complaint.
When you send the letter to the manufacturer, send it by certified mail so there’s a record of it arriving. Afterward, the manufacturer may respond with an amicable resolution or you may have to pursue the claim further.
You could attempt to fight a claim on your own, but one small mistake can cause you to receive nothing at all. Instead, you want the support of a professional that protects consumers from auto manufacturers.
The average Lemon law attorney costs between $400 and $600 an hour, but the cost should never deter you from hiring the professional you deserve. If you don’t want to miss out on your chance to get your money back, make sure you hire an expert.
Many Lemon law attorneys work on a contingency basis, meaning that you may not have to pay anything out of pocket. Instead, the lawyer will receive their fees after you win your case. This setup ensures that everyone has access to a qualified attorney, no matter their financial situation.
The Lemon Pros is a trusted group of attorneys specializing exclusively in Lemon law, which is why we know the ins and outs of it and how to secure the best compensation for your defective vehicle. Schedule an appointment today for a free consultation.
Arbitration with a third party or litigation may result in a number of remedies. Depending on what your goals are and the defect you are dealing with, you may be happy to receive one of these outcomes.
It's best to speak with your attorney about the possible compensation resulting from a California Lemon law claim. Together, you can decide what the best option may be in your situation.
The Lemon law claim doesn’t need to take long if you have all your documentation in order. In some cases, a resolution is reached within just a couple of months. However, there will be cases that end up in court and take longer, so speak with your attorney about a reasonable time and what to expect.
California Lemon law protects people from defective consumer goods, including cars. You don’t have to be stuck in a vehicle that makes you feel unsafe or has diminishing value because of a defect that can’t be repaired. By understanding the rules and your rights, you are equipped to take on the biggest manufacturers. Just remember, it’s important to act quickly and work with an experienced Lemon law attorney to get the justice you deserve.
The Lemon Pros serve Californians with options to get out from behind the wheel of faulty cars. Our Lemon law lawyers in Beverly Hills have helped thousands of consumers get the compensation they deserve for their defective vehicle, and we want to help you too. Reach out to us today for a free consultation.
Phone: (855) 725-2446
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We have an excellent success record in representing consumers just like you! We are award winning attorneys, but that has not gotten to our heads. We are attorneys who care and give personalized attention to each and every client, our attorneys directly handle your claim.
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