FAQ

Question 1

What types of vehicles are covered by California Lemon Law?

Accepted Answer

The California Lemon Law, part of the Song-Beverly Consumer Warranty Act, safeguards consumers who encounter defective vehicles. Whether you’ve purchased a car, motorcycle, boat, or recreational vehicle, this law is here to protect you.

lemon vehicles in thousand oaks
Cars
Motorcycles
Boats
Recreational Vehicles
The Tanner Consumer Protection Act extends coverage to a variety of vehicles, ensuring that both new and used models can qualify as lemons. To be eligible, repairs must occur within eighteen months from delivery and within 18,000 miles on the odometer.

How the Lemon Law Works

If a vehicle cannot be repaired to conform to its express warranty after a “reasonable” number of attempts, it may be deemed a lemon. A nonconformity arises when the use, value, or safety of the vehicle is substantially impaired. Under certain criteria, a vehicle is “presumed” to be a lemon, though this does not guarantee a manufacturer buyback due to potential exceptions.

Relief and Damages

The lemon law also applies to leased vehicles, provided the lease includes a warranty. Damages differ between purchase and lease cases:

Purchase Cases: You might receive a refund for your down payment, finance charges, or other payments made toward the lemon.
Lease Cases: You may be entitled to a refund of your lease origination fee or any lease payments made while the car was being repaired. Note that there could be offsets for miles driven when the vehicle was in use.
Seeking Professional Guidance

Given the complexities and exceptions within the law, the guidance of experienced consumer protection lawyers can be invaluable. Whether your vehicle is new or used, bought or leased, understanding your entitlements can ensure you receive the protection that California’s lemon law promises. This law stands firm to maintain the rights and safety of consumers, providing a path to relief and peace of mind.

Question 2

Common Vehicle Defects under Lemon Law

Accepted Answer

When it comes to vehicles, defects can unfortunately arise, affecting the overall safety and functionality of your car. Understanding which issues might qualify under the Lemon Law can help you take appropriate action. Here are some prevalent defects often found in vehicles:

Exhaust System Failures: Problems that can lead to inefficiency and potential safety hazards.
Brake System Issues: Malfunctions that compromise braking performance.
Airbag Malfunctions: Airbags that fail to deploy or operate correctly.
Airbag Malfunctions: Airbags that fail to deploy or operate correctly.
Engine Malfunctions: Issues that impact engine performance or lead to breakdowns.
Power Steering Problems: Faults making maneuvering difficult or unsafe.
Fluid Leaks: Leaks involving coolant, oil, or other vital fluids.
Water Intrusion: Leaks leading to internal moisture damage.
Dashboard Indicator Failures: Faulty lights or warnings that mislead driver awareness.
Seat Belt Issues: Seat belts that do not function as intended.
Navigation System Problems: Malfunctions causing inaccurate route information.
Suspension and Transmission Defects: Conditions affecting vehicle handling and performance.
Power Equipment Failures: Issues with windows, locks, or mirrors.
Climate Control System Malfunctions: Problems with heating or air conditioning performance.
Fuel Gauge Errors: Inaccurate fuel level readings.
Braking System Malfunctions: Unresponsiveness or failure affecting vehicle stopping capabilities.
Understanding Lemon Law Coverage

A key point about these defects is their impact on your vehicle’s use, safety, or value. Not every issue might be listed here, but severity is a crucial factor in determining eligibility under Lemon Law. Consulting with an expert can offer clarity on whether your vehicle’s defect qualifies for a legal remedy.

Question 3

What are my legal rights if I purchased or leased a lemon?

Accepted Answer

The Tanner Consumer Protection Act is one of the strongest Lemon Laws in the United States. A manufacturer of a lemon can be required to replace your new vehicle with one that is not defective. It may also require the manufacturer to repurchase the vehicle from you (with deductions for the mileage that you put on the car).

The manufacturer can also be required to pay for consequential damages (such as the cost of a rental car while your lemon was being repaired), as well as your attorney’s fees. Be sure to document all costs you incur because of your vehicle’s defect.

These costs could include lost wages if you had to take time off work to deal with your lemon, or Uber and Lyft fees while your car was in the shop, or even a hotel fee if you were stuck out of town because your car broke down on you. If it can be proven that these expenses were related to the manufacturer’s neglect, you can be reimbursed for these losses in your Lemon Law claim.

California’s Lemon Law also allows additional penalties against manufacturers that “willfully” violate the Tanner Consumer Protection Act. These punitive damages are meant to punish manufacturers that try to get away with selling lemons and discourage other auto manufacturers from trying to take similar shortcuts that hurt consumers. The law allows awards of up to two times the cost of the actual damages you proved.

If, for example, your repurchase and financial losses were $25,000, it could be possible to get an additional $50,000 if it could be proven that the manufacturer willfully ignored the law and tried to get away with selling you a lemon. Punitive damages are not always available, but they can result in significant compensation for the inconvenience and stress you endure in dealing with a new vehicle that turns out to be a lemon.

Be sure to consult with an experienced lemon lawyer who is on your side so that you can get an honest legal opinion about whether these punitive damages might be available in your case.

Question 4

Does it cost anything to hire an attorney in Oakland?

Accepted Answer

The Tanner Consumer Protection Act provides for attorneys’ fees. This means that your attorney can be paid through your claim without accepting any money initially. Each case is different. The important thing is to be sure you at least consult with a lemon law attorney in Oakland so that you understand your legal rights.

The experienced Lemon Law attorneys at The Lemon Pros offer free consultations. We can discuss your case with no obligation, and we require no upfront fees to discuss your case at a consultation. Do not be afraid to at least consult with a lawyer about your potential lemon law claim.

Question 5

Do California Lemon Law Cases Usually Go to Court?

Accepted Answer

Contrary to popular belief, most California Lemon Law cases don’t end up in court. Many assume that getting a refund, vehicle replacement, or a cash settlement involves long, expensive court battles. However, this is rarely the case.

In fact, the majority of these disputes are resolved well before reaching trial. Often, you may not even have to step into a courtroom. Skilled attorneys can effectively negotiate with manufacturers to secure a favorable settlement, covering your expenses without the need for judicial intervention.

So, while the legal process can seem daunting at first glance, experienced legal representation usually ensures a swift resolution without a full-blown courtroom confrontation.

Question 6

What can a Lemon Law Attorney in Oakland do for me?

Accepted Answer

In general, people with civil claims (like a lemon law case) recover more money when they have an attorney in Oakland than when they handle their claims on their own. There are many reasons for this. Primarily, an attorney knows how to prove your claim effectively. It can be challenging to know what evidence to present or how to overcome the other lawyer’s objections if you have never handled this particular type of claim before.

The experienced California Lemon Law attorneys at The Lemon Pros know how to present a persuasive case to a judge or jury. Second, an attorney knows all the different types of compensation to which you are legally entitled. You may not know that you are entitled to punitive damages. As we have seen, those can be significant, and you could miss out on thousands of dollars in compensation if you do not know how to prove that you qualify for these punitive damages.

A lawyer will also help you consider all the many expenses that could be related to your lemon. You might not think of all your lost wages, rental car fees, Uber receipts, and other losses. A lawyer will help you gather evidence of all the financial losses you have suffered so that you do not miss out on any compensation you are owed.

Perhaps most importantly, a lemon lawyer will fight on your side. Auto manufacturers hire armies of lawyers to defend legitimate claims against them. If you do not have your own lawyer, you will have to deal with the power of a large company’s entire legal department on your own. It can be nearly impossible to defend your own legal rights in this situation.

The manufacturer’s lawyers are not on your side. They might say that you have a weak case, or that you aren’t entitled to very much compensation, or that you don’t have a case at all. These people are not on your side. In fact, they are actively working against you to pay as little as possible.

You should never take this type of legal advice from someone who is on the other side. Only your own lawyer can give you the best advice about your legal rights. Your lawyer will also be able to stand up to the power of a large corporation with an extensive legal department. Doing this is the best way to ensure that your legal rights are protected.

However, even as you work with an attorney, there are crucial steps you can take to strengthen your Lemon Law claim. Here are some practical actions:

Document Every Concern: Before signing any repair order, make sure to meticulously document your concerns about the vehicle. If you find yourself returning to the dealership for the same issue, maintain a consistent description of the problem. This establishes a clear record that the defect wasn’t resolved despite multiple attempts.
Seek Written Explanations: If a problem listed on your repair order goes unfixed, ask for an explanation as to why it wasn’t addressed. Then, ensure the dealership provides this reason in writing. Such documentation can be pivotal in proving your case.
Maintain Comprehensive Records: Keep every piece of documentation related to your vehicle’s repairs. This includes emails, text messages, phone calls, and voicemails regarding the scheduled work, as well as any physical paperwork. Never leave the dealership without a copy of your repair order or invoice, as this could be essential for your claim’s success.

By taking these steps, you empower yourself with the evidence and records needed to support your attorney’s efforts in fighting for the compensation you deserve.

Question 7

What if my purchase agreement has a mandatory arbitration clause?

Accepted Answer

Over the past few decades, it has become common for auto manufacturers to include mandatory arbitration clauses in their purchase agreements and written warranties. Doing this means that the customer is contractually obligated to go through arbitration before he or she may file a claim in court. Some manufacturers try to use this process to discourage consumers from filing their valid legal claims.

The Tanner Consumer Protection Act is separate from your written purchase agreement or warranty. As a result, you have the right to file a lemon law claim under this act, regardless of what your written purchase agreement or warranty requires.

Arbitration can sometimes be a useful tool for resolving legal claims without the time and expense of litigation. It is up to you and your lawyer, however, to decide whether this is the right way to handle your particular lemon law claim. The auto manufacturer cannot force you to arbitrate a lemon law claim that is separate from your contractual rights in your purchase agreement or warranty.

Question 8

What if my vehicle warranty is expired?

Accepted Answer

Most standard vehicle warranties are longer than the eighteen-month, eighteen thousand mile requirements of the California Lemon Law. This means that you may be past the time to file a lemon law claim if your vehicle is also out of warranty. However: the Tanner Consumer Protect Act focuses on when the repairs were performed.

If your vehicle was still under the eighteen-month delivery window and under 18,000 miles at the time the repairs were performed, you could still be entitled to relief under the Lemon Law, even if these repairs did not fail until after your vehicle came out of the warranty window. Extended warranties and service plans are generally not covered by the lemon law because they cover repairs made after the lemon law window has closed.

As you can see, the timing of repairs is critical, and this can become complicated when your vehicle also has a warranty or extended warranty. Always consult with a lemon lawyer to be sure you understand how these timelines apply to your particular case. You should never assume your vehicle will not be covered without discussing your case with a lawyer. If you do, you could walk away from thousands of dollars in damages to which you are legally entitled.

Question 9

How Long Does It Take to Resolve a California Lemon Law Claim?

Accepted Answer

When you decide to pursue a California Lemon Law claim, naturally, you’d want to know how long the process will take. While every case is unique and timelines can vary, understanding the general process can help set expectations.

Factors Influencing Duration:

Complexity of the Case: A straightforward case may resolve quicker, while one with multiple vehicle defects or disputed causes can extend the timeline.
Level of Dispute: If the car manufacturer contests the defects or their responsibility, this can add time as negotiations or litigation unfold.
Typical Timeline:

Initial Filing and Evaluation: After filing the claim, the initial phase usually involves your attorney gathering evidence and documentation. This can take a few weeks, depending on how quickly records are obtained.
Negotiation Phase: Many cases are resolved in negotiation without going to court, often taking anywhere from 30 days to a few months. Skilled attorneys can expedite this by being thorough in their preparations.
Litigation: If negotiations stall, the case may proceed to court, which can stretch the resolution period anywhere from several months to over a year.
An experienced attorney is crucial in navigating these steps efficiently, minimizing delays by ensuring all paperwork is promptly completed and pushing for quick settlements when possible.

By having a capable attorney on your side, you can streamline much of the uncertainty, although being patient is sometimes necessary as legal processes unfold.

Question 10

Understanding What Qualifies as a "New Motor Vehicle" Under the California Lemon Law

Accepted Answer

When you decide to pursue a California Lemon Law claim, naturally, you’d want to know how long the process will take. While every case is unique and timelines can vary, understanding the general process can help set expectations.

Factors Influencing Duration:

Complexity of the Case: A straightforward case may resolve quicker, while one with multiple vehicle defects or disputed causes can extend the timeline.
Level of Dispute: If the car manufacturer contests the defects or their responsibility, this can add time as negotiations or litigation unfold.
Typical Timeline:

Initial Filing and Evaluation: After filing the claim, the initial phase usually involves your attorney gathering evidence and documentation. This can take a few weeks, depending on how quickly records are obtained.
Negotiation Phase: Many cases are resolved in negotiation without going to court, often taking anywhere from 30 days to a few months. Skilled attorneys can expedite this by being thorough in their preparations.
Litigation: If negotiations stall, the case may proceed to court, which can stretch the resolution period anywhere from several months to over a year.

An experienced attorney is crucial in navigating these steps efficiently, minimizing delays by ensuring all paperwork is promptly completed and pushing for quick settlements when possible.

By having a capable attorney on your side, you can streamline much of the uncertainty, although being patient is sometimes necessary as legal processes unfold.

Oakland Lemon Law Lawyer

We provide experienced, effective, and reliable legal advocacy for clients in Oakland and throughout California. Our team is dedicated to protecting your rights, navigating complex legal challenges, and securing the best possible outcomes for every case.

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Common Vehicle Problems Reported by Oakland Drivers

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