California lemon law protects consumers from defective vehicles by providing a way to receive compensation or a replacement car. Yet, not every defective car qualifies for lemon law protections. A lemon law car is a defective vehicle that is covered by a warranty, and could not be repaired within a reasonable number of attempts. That’s why having a qualified lemon law lawyer working for you is important to get the compensation you deserve.
Contact The Lemon Pros for expert guidance from a team of professionals. We’ve secured financial compensation for thousands of clients in California and know how to navigate the lemon laws for your benefit. Contact us for a free consultation to see what you are owed.
This guide illustrates how lemon law works, what vehicles qualify for protection, and how to start the process.
Lemon laws ensure a way out for consumers with defective vehicles. There are federal laws, such as the Magnuson Moss Warranty Act, and state laws, such as the Song-Beverly Consumer Warranty Act in California.
In California, a lemon car is a vehicle that is still covered under the manufacturer’s warranty, but it has a defect that cannot be repaired in a reasonable number of attempts. The issues must occur with the motor vehicle within 18,000 miles or 18 months of possession, and the law covers both purchased or leased cars. Defects must substantially impair the car’s value, use or safety.
Lemon law aims to cover defects and hold the manufacturer accountable so consumers have reliable transportation. Depending on the situation, you may be due for a replacement vehicle, cash compensation, or a combination of both if the manufacturer fails to repair the defect during the warranty period.
The law requires that a new vehicle be covered whether it was purchased or leased from an authorized dealership. There are also some protections if you purchased a used vehicle, although some of the regulations vary, so it’s best to speak with a qualified attorney.
In the case of a new car, here are the main qualifications to consider.
Substantial defects: The substantial defect must impair the vehicle’s use, value or safety. It must have shown up within 18,000 miles or 18 months of the time the driver took possession of the vehicle.
Warranty coverage: New cars are covered by a manufacturer’s warranty. This warranty must be in place at the time of the defects, and the problem must be covered by that warranty. Lemon law work is always part of the warranty. Therefore, problems with brake pads or other consumables are excluded.
Reasonable repair attempts: Depending on the situation, a reasonable number of repair attempts may be as few as two. If the defect substantially impairs the safety of the vehicle, it is taken more seriously than if there’s a problem with the use or value. Otherwise, laws require that the car be in for repair a minimum of four times or up to a total of thirty days.
With so many types of problems covered by the lemon law, it’s best to seek advice from a qualified lawyer, but here are some to consider.
Mechanical issues: If the car has been in for service repeatedly for engine or transmission problems, it could be a lemon. Considering that the engine and transmission are the main components of the vehicle, defects could affect the market value, use, and safety of the car.
Safety concerns: Any issues with the airbags, seatbelts, or advanced safety systems are a serious concern. Because of how dangerous they can be, you may only need to give the dealer two opportunities to fix the problem.
Structural defects: If repairs have been attempted on the structure of the vehicle but have offered no resolution, you may be able to file a lemon law claim.
Recalls: When the vehicle is subject to a recall, it may also be considered a lemon if the manufacturer is unable to repair it in a reasonable time.
Cars, trucks and SUVs aren’t the only types of vehicles covered under lemon law. Motorhomes, motorcycles, vans, and other vehicles may also receive protection. Speak with a lemon law lawyer to see if your vehicle qualifies.
New and used vehicles are covered whether you choose to lease or purchase the car. However, used cars have different regulations, especially if no manufacturer’s warranty is included. A written warranty or extended coverage may be enough to qualify the vehicle.
Filing lemon law claims can be complicated, but it’s much easier with the help of a professional. Here are a few steps to help you navigate the process.
The first step to ensuring success with your claim is to gather all of the documentation. You want the original paperwork with the lease or purchase price, warranty agreement, and repair orders for the complaint. These repair orders should include the date, problem, and outcome. You also want to note any correspondence you’ve had with the repair shop or manufacturer, writing down who you spoke to and how the conversation was resolved.
The next step is to send a notice to the manufacturer. A demand letter is required by law, giving the manufacturer time to resolve the situation. While you could send the letter on your own, they seem to be taken more seriously when handled by a lemon law lawyer.
If you want a refund or replacement, it’s best to have a qualified lemon law attorney working for you. Any small mistake in the notification or documentation can make a difference in whether you’re getting money or not. Schedule a free consultation with The Lemon Pros, and we will tell you if your vehicle qualifies for lemon law protection.
The manufacturer may offer arbitration to discuss the vehicle’s issues. If so, this is a great time to present any additional information you have and let a lawyer negotiate for the best settlement. Otherwise, it may be necessary for the office to file for litigation on your behalf. Prior to heading to court, you will work with an attorney to organize the evidence and detail the defects.
The duration of the lemon law process depends on how many court cases are currently filed. It could take weeks to months before your hearing is placed on the docket. Once your date approaches, it is up to the judge to determine the outcome, but a hearing doesn’t normally take more than a day to complete. Thankfully, most manufacturers don’t want the case to end up in court and they are generally happy to work with an attorney for a favorable outcome.
A lemon law claim often ends with either a refund of the down money and monthly payments or a replacement vehicle. The cash settlement takes into account the mileage already added to the vehicle, leaving you with a fair amount based on depreciation before the problems started. If the manufacturer buys the vehicle back, your other fees, such as taxes, interest, and rental car expenses, will also be included.
For a vehicle replacement, expect a similar model with the same value or higher. There’s also a chance that the manufacturer will offer to give you a smaller cash refund if you keep the vehicle. They may extend the warranty or agree to further repairs in these cases.
Even when all of the documentation is reported, there’s always a chance of having an unsuccessful claim. However, when you work with a qualified lawyer, there are other avenues to pursue once the lemon claim ceases to exist. We can file complaints with the Better Business Bureau (BBB), the Department of Motor Vehicles (DMV), and the state’s attorney general.
A lemon law attorney specializes in lemon law and is best equipped to handle your claim, as they have the experience necessary to navigate the regulations. The best lawyers can aid in the following ways:
While pursuing a claim on your own may be tempting, it’s never recommended. The manufacturer is more apt to take advantage of you without legal representation and you may not get what you deserve.
With so many lawyers to choose from, it’s essential that you get a professional who knows how to stand up to the vehicle manufacturers. Your chosen lawyer should have vast knowledge and tons of skill when fighting lemon law claims. You can research their trustworthiness and credibility by searching online reviews and asking for case examples from the past few months.
You also want a lawyer that offers a free consultation.Better yet, ask about the fee structure ahead of time. The Lemon Pros don’t charge anything until you win the case, forcing us to work even harder to secure a settlement. Contact us today to find out how we can help you.
You can prevent buying a lemon car by adhering to the following conditions and tips.
A little research goes a long way. Look into the make and model of the vehicle to determine reliability. Trusted sources include J.D. Power and Consumer Reports. Buying a used car gives you even more options because you can look into customer complaints over the years.
With used cars, it’s vital to have a mechanic perform an inspection before buying. Don’t take the word of the dealership that everything is okay. Instead, pay a little extra for a mechanic to look over it. This small fee could pay off if you are saved from buying a lemon.
If you plan to drive a new vehicle, there’s not much to think about, as all brands offer a comprehensive warranty for several years. However, when buying a used car, you need to determine the warranty options. With an extended or written warranty, you gain some lemon law protections with a used car, protecting you from unrepairable defects.
Once you are driving the vehicle, you are still responsible for maintaining all of the records, just in case something goes wrong. If the car needs service, keep a detailed account of everyone you speak to and the outcomes. If you end up filing a lemon law claim, this information could be all that’s needed. Additionally, you want to report any issues as soon as they occur. Don’t wait, or you could give up your rights under lemon law.
There’s no owner’s manual when it comes to navigating lemon law, but a qualified attorney can keep you steered in the right direction. If your car has unrepairable defects, it’s time to file a claim and get the compensation you deserve. You should never be stuck driving a lemon.
Work with The Lemon Pros to file a claim and earn the maximum compensation allowed in California. We understand the ins and outs of today’s regulations and know how to fight the top manufacturers. Contact us to get the claim started without putting any money out of pocket.
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