FAQ

Question 1

What types of vehicles are covered by California Lemon Law?

Accepted Answer

The California lemon law, nestled within the Song-Beverly Consumer Warranty Act and enhanced by the Tanner Consumer Protection Act (California Civil Code, § 1793.2 et seq.), offers vital protection for consumers facing persistent vehicle defects. When your vehicle is defective and cannot be repaired after a reasonable number of attempts, this law steps in. Its coverage is effective during the duration of the manufacturer’s written warranty, which varies based on the manufacturer or seller.

lemon vehicles in thousand oaks

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 within 18,000 miles on the odometer).

The lemon law can also cover leased vehicles, so long as the lease was made with a warranty. Damages are calculated a little differently in lease cases than purchase cases. In a purchase case, you could be entitled to a refund of your down payment, or finance charges, or other payments made toward the lemon.

In a lease, you may be entitled to the refund of your lease origination fee or any lease payments made while the car was being repaired. There could be offsets for the miles that you put on the vehicle when it was in service.

How can I determine if my vehicle is considered a lemon?

Determining if your vehicle is a lemon involves a few critical steps:

Warranty Coverage: The defect must be covered by the manufacturer’s written new vehicle warranty.

Substantial Impairment: The issue must substantially impair the use, value, or safety of the vehicle. This means the defect significantly affects your ability to use the vehicle as intended or diminishes its market value or safety.

Repair Attempts: There must have been a “reasonable” number of repair attempts. If the manufacturer or its representative cannot fix the defect after these attempts, your vehicle may qualify as a lemon.

Causes of Defect: The defect should not result from unauthorized or unreasonable use of the vehicle after the sale. This ensures that the issue is inherent to the vehicle and not due to misuse.

The experienced consumer protection lawyers at The Lemon Pros can help explain what damages you are entitled to in your p articular lemon case. Whether you bought or leased, whether the vehicle was new or used, and regardless of the type of vehicle you have, California’s lemon law is in place to protect you.

Question 2

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. If your vehicle is deemed a lemon, meaning the manufacturer cannot repair the defect, they are required to take specific actions. A manufacturer of a lemon can be required to replace your new vehicle with one that is not defective. Alternatively, you have the right to choose a refund instead of a replacement vehicle. This ensures that the consumer has flexibility and control over the resolution. In addition to replacing or repurchasing the vehicle, the manufacturer may 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 incurred due to your vehicle’s defect. These costs could include:

Lost wages if you had to take time off work to deal with your lemon.
Uber and Lyft fees while your car was in the shop.
Hotel fees if you were stuck out of town because your car broke down.

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 attempting similar shortcuts that hurt consumers. The law allows awards of up to two times the cost of the actual damages you proved. For example, if your repurchase and financial losses were $25,000, it could be possible to get an additional $50,000 if it can 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 3

Does it cost anything to hire an attorney in Oxnard?

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 Oxnard 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 4

What can a Lemon Law Attorney in Oxnard 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 Oxnard 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 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.

Question 5

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. Resolving Disputes Through Mediation and Arbitration If you have an unresolved dispute involving a defect covered by the manufacturer’s original warranty, consider utilizing an out-of-court mediation and arbitration process. Many automobile manufacturers participate in these programs, providing a structured way to resolve disputes without heading to court. These processes offer a neutral platform for both parties to present their cases and reach a resolution.

It’s important to explore these options as they can often lead to a satisfactory outcome without the need for prolonged litigation, saving both time and resources. Ultimately, whether you choose to pursue mediation, arbitration, or a lemon law claim, understanding your rights and available options is key to effectively resolving any issues with your vehicle.

Question 6

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 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 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 7

What Constitutes a "Reasonable" Number of Repair Attempts Under California Lemon Law?

Accepted Answer

In California, determining the “reasonable” number of repair attempts isn’t cut and dry, yet there are guidelines indicating when you’ve reached this threshold. Let’s break down the essentials:

Multiple Repair Efforts: When, within 18 months of receiving the vehicle or before hitting 18,000 miles (whichever is sooner), the vehicle is subjected to repairs:

- Four or More Attempts: If the car has been taken for the same issue four times or more and remains unresolved, it could be considered excessive.
- Serious Safety Concerns: Requiring just two repair visits if the defect poses significant safety risks—such as those that could result in injury or death—and the issue is still unfixed.

Extended Downtime: If the vehicle has spent over 30 days in the shop for repairs, irrespective of whether these days are consecutive, it might be indicative of a persistent problem.

Manufacturer Notification: Typically, your warranty or owner’s manual will outline the need to notify the manufacturer directly about the persisting issue.

If these criteria are met and the vehicle is deemed a “lemon,” the manufacturer is obliged to either buy back or replace your vehicle. In such a scenario, you can choose between a refund and a replacement vehicle. California’s lemon law is designed to ensure you aren’t left with a car that’s more trouble than it’s worth.

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