If you're stuck driving a defective vehicle that cannot be repaired, you may have the right to file a lemon lawsuit. A lemon law claim is a legal claim that allows you to demand that the manufacturer either repurchase the faulty car or provide a suitable replacement. As long as your vehicle meets the necessary criteria under lemon laws, you can take action to protect your rights as a consumer.
The Lemon Pros have fought some of the largest vehicle manufacturers and won millions of dollars in settlements for clients. With our practice area centered on lemons, we run a law firm that gets results. Contact us today for a free initial consultation.
In this guide, we will explain the basics of the Lemon law case, focusing on both the federal Lemon law and state Lemon laws. We will show you the qualifications to start the Lemon law process and give you valuable steps to get you out of that defective vehicle.
A lemon lawsuit occurs when a claim moves beyond the process of negotiation and arbitration. It occurs when the case cannot be settled out of court. A Lemon law attorney moves the dispute into the court system to be heard by a judge.
Whether you are facing your own lemon law lawsuit or you are still in the arbitration process, the same rules apply. California’s Lemon law, known as the Song-Beverly Warranty Consumer Act, protects consumers within the state, while the federal law, known as the Magnuson Moss Warranty Act, is designed to add to those protections. In other states, the Magnuson Moss Warranty Act would work in conjunction with the governing rules for lemon law as well.
In California, a lemon vehicle is considered one covered by the manufacturer's warranty with a significant defect impairing its use, value, or safety. The defect must first start within 18,000 miles or 18 months of taking ownership of the vehicle with new cars. Because the scope is so broad as to what a defect entitles, there’s a wide range of issues that will qualify. While it’s obvious that repeated engine failure or transmission troubles would be included, even smaller complaints, such as a malfunctioning air conditioning system, can be included.
Once the defect begins, you are responsible for allowing a reasonable number of repair attempts. This number varies based on the severity of the defect. For example, when defective motor vehicles face a serious safety issue, there only need to be two attempts made. Otherwise, four is the minimum. Leased vehicles receive the same treatment as the new car that’s financed or bought outright. They are all eligible if you are dealing with the same issue that cannot be repaired.
But how do you know if your car is a lemon? It’s critical that you talk with a Lemon law lawyer as soon as possible to start the claim process. Otherwise, you could miss out on valuable cash compensation or a replacement vehicle.
There are different rules when dealing with the Lemon law for used vehicles, although you may still be able to get compensation. In California, used cars can be covered if there’s a warranty. For example, a certified pre-owned vehicle (CPO) may still have the original manufacturer’s warranty in place, giving you more protection. If you purchase used vehicles from a private seller, they are considered as-is, and there wouldn’t be any way to file a Lemon law claim.
The same rules apply otherwise, such as you must have a significant issue affecting the auto safety, value, or use. You are also required to have the same amount of repair attempts as with a new vehicle. If the same issue occurs after that, you can start your own case against the dealership or manufacturer.
Even if you have no previous experience, it’s not that difficult to learn how to file a Lemon law in California. You can follow our expert steps to start your own case.
Many consumers lose their lemon lawsuits because of a lack of documentation. For this reason, it’s imperative that you have everything well-documented, enough to prove your case beyond a shadow of a doubt. Among the top documents you should have, consider gathering the following information.
Repair orders: Keep copies of every repair order with the date and resolution. You need these to prove the various repair attempts.
Warranty paperwork: It’s important to know the coverage period and the necessary exclusions.
Purchase agreement: This paperwork shows the purchase price, date of purchase, and terms of the financing or lease.
Communication records: You should keep all communication records between you and the dealer or manufacturer. Keep track of every email, letter, and phone call for your records.
Additionally, it helps to have photos and videos of the complaint. If you can document the complaint at various times throughout the repair attempts, proving that it continued, you have a better chance of proving your case.
You are required to send a written notice to the manufacturer before filing a claim. Send the letter by certified mail with a return receipt for proof. In the correspondence, include the VIN, make and model of the vehicle, the mechanical issue you’ve experienced and outline all of the repair attempts. You want to outline what you are asking for in return, whether it is a buyback or replacement vehicle.
From here, it’s just a waiting game to see if the manufacturer responds. In some cases, you will be asked to participate in arbitration with a third party. This option can expedite your settlement if you agree with the offer.
It’s important to know your legal rights before proceeding. A qualified attorney helps you understand what you are entitled to and fights for the maximum compensation. Attorneys are used to working with the top manufacturers and your case is more likely to be taken seriously when you have adequate representation.
Most lawyers don’t charge attorney fees until the case is won, ensuring they work as hard as possible to get a satisfactory resolution. You may not have to pay any upfront fees, which helps you file the case as soon as possible.
If your case needs to go to court, you want an expert to handle the dispute resolution. The Lemon Pros have been representing consumers against top manufacturers with a near-perfect success rate. Contact us today for your free case evaluation.
There may be a time when a lawsuit is needed. In this case, you want an attorney designed to protect your best interests. Mediation may be offered first and often results in a favorable resolution while avoiding a trial. If your case does need to go to trial, make sure you have all your evidence to present and that you are working with an expert attorney.
Cars, like all consumer products, are subject to local laws. Therefore, you will only get the compensation allowed through your local state. In California, you have the option to request a refund or replacement vehicle once you’ve proven your case.
A refund, otherwise known as a Lemon law buyback, is going to cover the purchase price, taxes, registration fees, and other costs. However, there will be a mileage offset to account for the time you’ve used the vehicle without defects. The average settlement can be anywhere from $5,000 to $100,000, depending on the type of vehicle you drive.
If you prefer a vehicle replacement, the manufacturer may be required to provide you with a new, defect-free vehicle. You should receive the same make and model in exchange for the defective vehicle.
In some cases, you may prefer a cash and keep settlement. You receive a lump sum payment and keep the vehicle, making this a great option if the defects aren’t unbearable. However, you will be required to disclose that the car is a lemon when you are ready to sell it, meaning that the value will go down significantly.
Whichever option you choose, the manufacturer can be held responsible for your legal fees and court costs. When you consider that nothing may need to be paid upfront, you could finalize the case without paying any attorney fees out of pocket.
The Lemon law timeline tends to be anywhere from a few months to a year, depending on your circumstances. If you have a very complex case, you could be looking at longer than a year, which is why you should have a lawyer working with you to shorten the time as much as possible.
Factors affecting the duration include the strength of the evidence, manufacturer cooperation, and court backlog. An expert attorney can examine your specific case and give you a better time estimate.
To get your payment or refund as quickly as possible, follow these tips to strengthen and expedite the settlement.
Above all, you want to work with a qualified Lemon law attorney to keep the pressure on the manufacturer and get your settlement quickly. Contact a lawyer as soon as possible to learn more about your rights and start your claim.
Not all lemon cases need to end in a lawsuit, but it’s always a possibility you should be prepared for. With the right attorney, you may be able to settle your case out of court. That’s why it’s imperative that you choose a professional with a solid reputation for winning.
The Lemon Pros are the team for you. As the best Lemon law attorney, winning cases for thousands of clients, we know how to get the resolution you deserve. Reach out for your free case evaluation today.
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