Get Legal Help From a Leading Ontario Lemon Law Attorney

Owning a vehicle that consistently fails can create a cascade of practical and personal issues. Here’s a look at what might happen when mechanical reliability isn’t on your side:

Understanding the California Lemon Law

The California Lemon Law was enacted to address a long-standing issue faced by vehicle owners: the persistent problems with their cars that manufacturers were not addressing. Since the first mass-produced cars rolled off assembly lines in 1913, vehicles with defects or poor designs have been a common occurrence, often leaving drivers with limited recourse beyond threatening not to buy that model again.

Recognizing this gap, California became one of the first states to implement a law that provides relief to drivers facing ongoing vehicle issues. This law, established in 1970, aims to protect consumers by requiring manufacturers to address unresolved problems with vehicles that are still under warranty.

What types of vehicles are covered by the California Lemon Law?

• Cars
• Motorcycles
• Boats
• Recreational Vehicles

The Tanner Consumer Protection Act applies to many different types of vehicles. Motorcycles, boats, and recreational vehicles are all covered by this law. New and used vehicles can both qualify as lemons (so long as the repairs occurred within the qualifying period of eighteen months from delivery and 18,000 miles on the odometer).

To qualify as a “lemon” under the California Lemon Law, a vehicle must have a substantial defect that impairs its “use, value, or safety.” Let’s break that down:

Use – A defect that prevents you from driving the vehicle as intended.

Value – When a defect reduces the vehicle’s resale price.

Safety – Defects that endanger the driver, passengers, or other road users.

Common examples of substantial defects include issues such as transmission hesitation, a sticky gas pedal, or an engine that runs excessively hot. Even if a defect isn’t directly related to safety, it can still qualify as substantial.

The law requires that the vehicle remain unrepaired after multiple attempts at repair; this means you might find yourself bringing the car back to the dealership repeatedly, only to face the same issue again. Importantly, a common misconception is that bringing it in four times automatically labels it a lemon, but the law specifies that a “reasonable number of repair attempts” is necessary.

If the defect involves a safety issue, such as a faulty airbag, fewer repair attempts (potentially only two) may be necessary. Additionally, if the vehicle has been in the shop for more than thirty cumulative days, regardless of the defect, it may also qualify as a lemon.

Understanding these criteria is crucial for determining if your vehicle is covered under the Lemon Law, ensuring you’re aware of your rights and protections.

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 intended to punish manufacturers that attempt to evade selling defective vehicles and discourage other auto manufacturers from taking similar shortcuts that harm 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 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.

Consider consulting 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.

In most Lemon Law cases, you don’t have to pay anything up front. Under the Tanner Consumer Protection Act, if you win your case, the manufacturer may be required to cover your attorney’s fees. This makes it easier for consumers to pursue a claim without worrying about incurring legal costs upfront.

That said, every case is different, and fee arrangements can vary depending on the circumstances. The most crucial step is to consult with a qualified Lemon Law attorney in Ontario to understand your rights and options.

At The Lemon Pros, our experienced attorneys offer free consultations with no upfront costs to review your situation. There’s no obligation, and speaking with a lawyer can help you make an informed decision about how to move forward with your potential claim.

A “substantial defect” in a vehicle is essentially a flaw that significantly affects its performance, resale value, or safety. Here’s a deeper dive into what this means:

• Impact on Use: If the defect hinders your ability to drive the vehicle as intended, it qualifies as substantial. For example, if the transmission hesitates, preventing smooth acceleration, it’s considered a defect that affects use.
• Diminished Value: A defect can lower the market value of your vehicle. If you can’t sell the vehicle for its expected price due to the problem, it affects the vehicle’s worth. This may include anything from persistent mechanical issues to cosmetic damage that wasn’t disclosed initially.
• Safety Concerns: A defect that compromises safety is severe. Issues such as a sticking gas pedal, faulty warning lights, or an overheating engine are not just inconvenient but potentially hazardous, endangering the driver, passengers, and others on the road.

It’s crucial to note that a defect doesn’t need to be safety-related to be deemed substantial. The key is whether it genuinely disrupts the primary functions or economic value of the vehicle, making it unreasonable or unsafe to use in its current state.

Yes, California Lemon Law applies to both new and used lemon vehicles, as long as they were sold with a manufacturer’s warranty. The law requires that the defect occurred during the warranty period, even if the vehicle is certified pre-owned. If the car continues to have issues after multiple repair attempts, you may be eligible to file a Lemon Law claim and seek either a refund or a replacement vehicle.

Absolutely. If you purchased or leased your car in Ontario, California, and it’s covered under warranty, the Lemon Law applies. Whether your car is new or used, if it’s been in the shop too often or out of service for too long, the law is on your side. An experienced Lemon Law attorney can help you understand your rights and guide you through the process.

It depends on your situation. Lemon settlements in California typically range from $5,000 to $100,000 and depend on a few factors. Successful Lemon Law claims in California can result in a replacement vehicle, a full refund, or even additional damages. You may also recover costs for rental cars, towing, and other losses. Best of all, your legal fees are usually paid by the manufacturer under consumer protection laws, so you can pursue justice without draining your bank account.

In general, people with civil claims (like a lemon law case) recover more money when they have an attorney in Ontario, CA, than when they handle their claims on their own. There are many reasons for this. First of all, 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 consider all your lost wages, rental car fees, Uber receipts, and other expenses. 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 against legitimate claims. 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 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. 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 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.

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 filing 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 valuable 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.

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 Protection Act focuses on when the repairs were performed.

If your vehicle was still under the eighteen-month delivery window and 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 a warranty or extended warranty also covers your vehicle. Always consult with a lemon lawyer to ensure you understand how these timelines apply to your specific 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.

To determine whether a truck is considered a ‘lemon’ under the California Lemon Law, several specific conditions must be fulfilled:

• Warranty Coverage – The truck must have been purchased or leased with an existing warranty.
• Personal Use – Trucks acquired for personal use automatically fall under the purview of the Lemon Law.
• Business Use Criteria – If the truck is used for business purposes, it must meet these additional requirements:
  • Weight Restrictions – The vehicle should not exceed a gross weight of 10,000 pounds.
  • Fleet Limitations – The business must have no more than five vehicles registered under its name within California.
• Substantial Defect – The truck needs to have a significant defect that affects its use, value, or safety.
• Repair Attempts – The issue persists despite multiple repair attempts.

If all these criteria are met, your truck may qualify as a ‘lemon,’ entitling you to potential remedies such as a replacement or a refund.

The law requires that defects be reported within 18 months of delivery or before the vehicle hits 18,000 miles, whichever comes first. However, if your repairs occurred during that time window, and the defect persists, your lemon vehicle may still qualify. Timing matters, so don’t wait to get legal assistance to see if you’re covered.

Winning your case means peace of mind. You may be eligible for a replacement vehicle, a complete buyback, or significant compensation. In many cases, the manufacturer must also cover your legal fees, meaning you won’t pay anything out of pocket. With the help of an experienced Lemon Law attorney, you’ll have someone in your corner to handle negotiations and protect your rights.