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Discovering a defect in your new vehicle is not only frustrating but can also pose safety risks. If your vehicle requires repairs for a dangerous defect, here’s a step-by-step guide on what actions to take:.

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.The experienced consumer protection lawyers at The Lemon Pros can help explain what damages you are entitled to on your particular 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.
Under the California Lemon Law (Civ. Code, § 1793.22), consumers who unknowingly buy a defective or dangerous vehicle that can’t be repaired after two or more attempts have significant legal protections. This law is one of the strongest in the United States, providing robust relief options.
The Tanner Consumer Protection Act mandates that a manufacturer must either replace your defective vehicle with a non-defective one or repurchase it (with deductions for the mileage you put on the car). Qualifying defects under this law are those likely to cause serious bodily injury or death within the first 18 months of ownership or 18,000 miles, whichever comes first.
Remedies and Compensation
If your vehicle is deemed a lemon, you are entitled to a variety of compensations:
Replacement or Refund: You may receive a replacement vehicle or a refund. Refunds can include the vehicle’s down payment, registration costs, taxes, and any monthly payments made.
Repair Costs: Consumers can recover repair costs incurred while attempting to fix their vehicles.
Consequential Damages: 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, or other related expenses like Uber and Lyft fees, and potentially even hotel fees if stranded due to vehicle failure.
Additional Legal Protections
Be sure to document all costs incurred 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. 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 serve to penalize manufacturers attempting to circumvent the law and discourage other auto companies from similar misconduct. The law allows awards of up to two times the cost of the actual damages you proved.
For instance, if your repurchase and financial losses were $25,000, it could be possible to receive an additional $50,000 if it’s proven that the manufacturer willfully ignored the law. While punitive damages are not always available, they can lead to significant compensation for the inconvenience and stress of dealing with a defective vehicle.
To fully understand your rights and options, consult with an experienced lemon lawyer who can provide an honest legal opinion about the potential for punitive damages in your case.
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 Palmdale 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.
In general, people with civil claims (like a lemon law case) recover more money when they have an attorney in Palmdale 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.
Facing the Manufacturer Alone? Here’s What You Can Do:
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 actively working against you to pay as little as possible.
Take Action: Consult a Lemon Law Expert
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.
If you believe you purchased a lemon, it’s crucial to seek the guidance of a seasoned lemon law attorney. They have the experience and skill to help you fight for the compensation you deserve, and they understand the intricacies of lemon law cases. By partnering with an expert, you can navigate the legal process with confidence and focus on securing the outcome you need most at this time.
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.
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.
For a defect to classify a vehicle as a “lemon” in California, it must pose significant safety risks or major operational issues. Specifically, these flaws are considered serious when they could lead to injury, death, or a significant impairment in driving functions within the vehicle’s first 18 months of ownership or 18,000 miles of use, whichever comes first.
Common Examples of Qualifying Defects include:
Failure to Brake Properly: Brakes that don’t respond effectively can lead to dangerous situations on the road.
Steering Mechanism Failures: Issues with steering can make it difficult or impossible to control the vehicle safely.
Lighting Malfunctions: Problems with headlights or brake lights reduce visibility and the ability to signal intentions properly, increasing the risk of an accident.
Defective Lock Systems: Inoperative locks can compromise vehicle security.
Transmission Problems: A faulty transmission can hinder a vehicle’s ability to change gears smoothly, affecting drivability.
Reduced Acceleration Capacity: Poor acceleration can prevent the driver from reaching necessary speeds safely, particularly on highways.
Instrument Panel Errors: Malfunctions in the speedometer, fuel gauge, or other display units can mislead the driver regarding critical vehicle information.
Understanding these defects can help you determine if your vehicle qualifies under California’s Lemon Law, ensuring you pursue appropriate remedies with confidence.
When considering whether certified pre-owned vehicles can be labeled as “lemons,” the answer is yes, they indeed can. This possibility is contingent upon a few key factors:
In summary, while certified pre-owned cars undergo a rigorous inspection process, they are not immune to qualifying as lemons if they exhibit unresolved defects covered under their manufacturer warranty. Always review your state’s lemon laws to understand your rights better.
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You may be entitled to compensation if your vehicle was subject to a recall.


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