Discovering that your recently purchased vehicle is defective can be a devastating experience for California consumers.
Imagine driving your new car home from the dealership only to have the check engine light illuminate within days.
Or picture yourself stranded on a busy California freeway when your transmission suddenly fails, putting you and your family at serious risk.
Perhaps you’ve already experienced the frustration of returning to the dealership multiple times for the same persistent issue, only to be told “we can’t replicate the problem” or “it’s fixed now” – only for the problem to reappear days later.
These situations aren’t just inconvenient – they can threaten your safety, impact your finances, and disrupt your daily life.
A defective vehicle means lost time from work for repeated repair attempts, unexpected transportation expenses, and the constant worry about whether your car will start or break down.
Without proper legal representation, you may find yourself trapped in an endless cycle of repairs, with manufacturers and dealerships refusing to acknowledge the serious nature of your vehicle’s defects.
The financial impact can be severe – you’re making payments on a vehicle you can’t reliably use while also paying for alternative transportation, rental cars, and repair costs not covered under warranty.
This is where California’s strong consumer protection laws come into play, specifically the Song-Beverly Consumer Warranty Act, which provides robust remedies for owners of defective vehicles.
With an experienced lemon law lawyer by your side, you can effectively fight back against manufacturers who refuse to honor their warranties and secure the compensation you deserve.
How We Can Help You Fight Back With a California Lemon Law Claim
Lemon Law Claims and Buybacks
Our lemon law lawyers have extensive experience helping consumers secure refunds for defective new or used vehicles under California’s lemon law. We handle the entire lemon law representation process, from documenting repair attempts to negotiating with manufacturers to ensure you receive maximum compensation for your defective vehicle.
Warranty Repair Issues
When car manufacturers or dealerships refuse to honor valid warranty claims, our attorneys step in to protect your rights. We compel stubborn manufacturers to address persistent defects and hold them accountable for their warranty obligations.
Vehicle Repurchase Negotiations
Our experienced lemon law attorneys skillfully negotiate with manufacturers to secure the best possible buyback terms for your lemon vehicle. We ensure all eligible costs are included in your refund, including registration fees, financing charges, and incidental expenses.
Defective Vehicle Documentation and Case Building
We help clients properly document vehicle defects and repair attempts, building compelling cases that clearly demonstrate qualification under California’s lemon law. Our thorough approach leaves manufacturers with little room to dispute your claim.
Manufacturer Communication and Advocacy
Our legal team handles all communication with vehicle manufacturers, relieving you of the stress and frustration of dealing with corporate representatives who may attempt to minimize your claim or pressure you into accepting inadequate solutions.
Settlement Negotiation and Litigation
While many of our cases settle favorably without going to court, our attorneys are fully prepared to litigate when manufacturers refuse reasonable settlements. Our trial experience and track record of success provide powerful leverage during negotiations.
Used Vehicle Lemon Law Claims
We help clients navigate the complexities of lemon law claims for used vehicles, which have specific requirements under California law. We determine if your used vehicle qualifies and pursue manufacturers for appropriate remedies.
Auto Fraud and Dealership Misrepresentation
Our auto fraud attorneys aggressively pursue justice for clients who have been deceived by dishonest dealerships. We investigate cases involving vehicles sold with undisclosed frame damage, hidden accident history, or other material facts that were intentionally concealed during the sales process.
Contingency Fee Representation
Our auto fraud and lemon law attorneys work on a contingency fee basis, meaning we only get paid when we successfully resolve your case. When we win, the manufacturer pays our fees as mandated by California law.
Case Evaluation and Legal Strategy
We provide thorough case evaluations to determine the strength of your lemon law claim and develop a customized legal strategy designed to achieve the optimal outcome based on your specific circumstances and goals.
We Can Help With Lemon Law Claims For All Car Brands Including:
- Acura
- Alfa Romeo
- Aston Martin
- Audi
- Bentley
- BMW
- Buick
- Chevrolet
- Chrysler
- Dodge
- Ferrari
- Ford
- GM
- Honda
- Hyundai
- Infiniti
- Jaguar
- Jeep
- Kia
- Lamborghini
- Land Rover
- Lexus
- Maserati
- Maybach
- Mercedes Benz
- Mitsubishi
- Nissan
- Porsche
- Rolls Royce
- Subaru
- Tesla
- Toyota
- Volkswagen
- Volvo
What Qualifies as a “Lemon” Under California Law?
California’s lemon law provides strong consumer protections for owners of defective vehicles that cannot be properly repaired despite reasonable attempts.
For a vehicle to qualify as a lemon in California, it must have substantial defects that impair its use, value, or safety.
These defects must occur within the vehicle’s warranty period and persist despite a reasonable number of repair attempts by authorized dealers or manufacturers.
The law establishes a presumption that a vehicle is a lemon if, within 18 months or 18,000 miles of delivery (whichever comes first), one of these conditions is met: the same defect has been subject to repair four or more times; the vehicle has been out of service for repair for more than 30 cumulative days; or a defect that could cause death or serious bodily injury has been subject to repair twice or more.
However, these are only guidelines, and vehicles outside these parameters may still qualify depending on the specific circumstances of your case.
The Lemon Law Process in California
The lemon law process typically begins with properly documenting all repair attempts made by authorized dealerships or manufacturers.
This includes keeping detailed records of all repair orders, communications with the dealership, and any other evidence that demonstrates the persistent nature of the defect.
Once sufficient documentation is gathered, your lemon law attorney will send a formal demand letter to the manufacturer alerting them to the lemon law claim.
The manufacturer will then investigate the claim and either offer a settlement or contest the allegations.
If a satisfactory settlement cannot be reached, your attorney may file a lawsuit against the manufacturer to seek appropriate remedies under the law.
Throughout this process, it’s crucial to have experienced legal representation to navigate the complexities of lemon law claims and counter the manufacturer’s legal strategies.
Many cases are resolved without going to court, but preparation for litigation often strengthens your negotiating position.
Vehicle Types Covered Under California Lemon Law
Passenger Vehicles and Daily Drivers
California’s lemon law covers most new passenger vehicles purchased or leased for personal, family, or household use.
This includes cars, SUVs, trucks, and vans that are used primarily for daily transportation.
The law applies to both purchased and leased vehicles, providing comprehensive protection for California consumers regardless of how they acquired their vehicle.
Business Vehicles and Small Fleet Owners
Small businesses in California may also qualify for lemon law protection under specific circumstances.
The law covers vehicles purchased or leased for business purposes if the business owns no more than five vehicles registered in California.
Additionally, the vehicle in question must have a gross vehicle weight under 10,000 pounds to qualify for business-use lemon law protection.
Motorcycles and Recreational Vehicles
Motorcycles are fully covered under California’s lemon law, providing the same protections as other motor vehicles.
For motorhomes and RVs, the coverage is more specific – the law covers the chassis, drivetrain, and chassis cab portions of the vehicle, but not necessarily the living quarters or amenities.
Understanding these distinctions is important when pursuing a lemon law claim for specialized vehicles.
Common Defects in Lemon Law Cases
Engine and Transmission Problems
Engine and transmission defects often form the basis of successful lemon law claims in California.
These issues can include engine misfires, power loss, stalling, transmission slipping, hard shifting, or complete transmission failure.
Such problems significantly impact a vehicle’s reliability and safety, making them prime examples of substantial defects under lemon law.
Electrical System Failures
Modern vehicles rely heavily on complex electrical systems, and failures in these systems can create persistent, difficult-to-diagnose problems.
Common electrical defects include malfunctioning entertainment systems, inoperative power windows or locks, faulty sensors triggering warning lights, or computer system glitches affecting multiple vehicle functions.
These issues, while sometimes dismissed as “minor” by manufacturers, can substantially impair a vehicle’s value and usability.
Brake and Safety System Malfunctions
Defects in braking systems or safety features present clear safety concerns that can qualify a vehicle as a lemon.
These may include premature brake wear, anti-lock brake system failures, airbag warning lights, malfunctioning backup cameras, or inoperative collision warning systems.
When safety systems fail to work properly, the vehicle becomes not just inconvenient but potentially dangerous to operate.
Manufacturers Use All Kinds of Tactics to Avoid Responsibility. Here’s How We Counter Them
Delay and Documentation Challenges
Vehicle manufacturers often employ tactics designed to frustrate consumers and delay resolution of lemon law claims.
They may request excessive documentation, claim paperwork is incomplete, or repeatedly change representatives handling your case.
Our experienced attorneys anticipate these tactics and maintain comprehensive documentation from the start, countering delay strategies with thorough preparation and persistent follow-up.
Disputing “Substantial” Nature of Defects
Manufacturers frequently attempt to characterize defects as minor inconveniences rather than substantial impairments to use, value, or safety.
They may argue that intermittent problems or those requiring minimal repair time don’t qualify under lemon law standards.
Our attorneys document how defects impact your daily use of the vehicle and demonstrate patterns of recurrence that establish their substantial nature under California law.
Blaming Consumer Misuse
A common defense strategy involves suggesting that vehicle problems stem from consumer misuse or lack of proper maintenance rather than manufacturing defects.
Manufacturers may scrutinize maintenance records looking for gaps or evidence they can use to shift blame.
We preemptively address these claims by documenting proper vehicle maintenance and focusing on defects that are clearly unrelated to normal wear and tear or consumer behavior.
Types of Compensation You Can Receive If Your Vehicle Is a Lemon
Vehicle Replacement
If you choose a replacement vehicle, the manufacturer must provide you with a new vehicle that is substantially identical to your original purchase.
This includes the same make, model, and options as your defective vehicle.
The manufacturer is also responsible for covering any registration fees, taxes, and financing charges associated with the replacement vehicle.
This option is ideal for consumers who were satisfied with their vehicle when it was functioning properly and want to continue with the same model.
Buyback/Refund
Most consumers opt for a buyback, which includes a refund of your down payment, all monthly payments made, and payoff of any remaining loan balance.
The refund also covers registration fees, taxes, and other official fees paid in connection with your purchase.
Out-of-pocket expenses for repairs and towing related to the defect are also typically included in your refund.
The manufacturer may deduct a small amount for the use of the vehicle before problems began, calculated by a formula based on mileage.
This usage fee is calculated by dividing the mileage at the time of the first repair attempt by 120,000, then multiplying that fraction by the purchase price of the vehicle.
Incidental and Consequential Damages
Beyond the direct costs of the vehicle, you may be entitled to compensation for incidental expenses such as rental car costs, towing expenses, and hotel accommodations if you were stranded due to vehicle failure.
Compensation might also cover lost wages if you missed work due to repair appointments or vehicle breakdowns.
These additional damages ensure that you’re made whole for all financial impacts caused by your defective vehicle.
Attorney Fees and Legal Costs
California’s lemon law includes a fee-shifting provision that requires manufacturers to pay your attorney fees and legal costs if your claim is successful.
This important provision enables consumers to secure quality legal representation without any financial risk.
You’ll never receive a bill from Consumer Action Law Group for our services in a successful lemon law case – the manufacturer pays our fees directly.
Civil Penalties
In cases where manufacturers willfully violated the lemon law, courts can award civil penalties of up to two times the amount of your actual damages.
These penalties are designed to punish manufacturers who engage in bad faith practices and to deter similar conduct in the future.
To qualify for civil penalties, your attorney must demonstrate that the manufacturer knew about the defect but refused to address it appropriately under the law.
Our Contingency Fee Pricing Model
California’s lemon law requires manufacturers to pay attorneys’ fees when consumers prevail in their claims. This provision ensures you receive legal representation without financial risk.
This approach stands in stark contrast to paying hourly legal fees with no guarantee of results. Our contingency structure aligns our interests completely with yours—we only succeed when you do.
Our attorneys have recovered millions for California consumers stuck with defective vehicles. This proven track record demonstrates our ability to take on major manufacturers and win.
Our contingency fee structure removes the financial barrier to pursuing your legal rights and levels the playing field against the manufacturer’s corporate legal team.
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FAQs About California Lemon Law
Q: How Long Does the Lemon Law Process Take in California?
A: The timeframe for resolving a lemon law claim in California varies depending on several factors, including the complexity of the case and the manufacturer’s willingness to negotiate.
Most straightforward claims can be resolved within 3-6 months, though complex cases or those requiring litigation may take longer.
Consumer Action Law Group works to expedite the process whenever possible, keeping you informed throughout each stage of your claim.
Q: What Compensation Can I Receive Under California’s Lemon Law?
A: Under California’s lemon law, consumers with qualifying vehicles are entitled to either a replacement vehicle or a buyback (refund).
A buyback typically includes reimbursement for the purchase price, registration fees, financing charges, and out-of-pocket costs for repairs.
The manufacturer may deduct a small amount for the use of the vehicle prior to the first repair attempt, calculated based on mileage.
Q: Does California’s Lemon Law Apply to Used Vehicles?
A: California’s lemon law can apply to used vehicles, but with specific requirements.
The used vehicle must still be covered by the manufacturer’s original warranty, a certified pre-owned warranty, or a lemon law buyback warranty at the time the defect is reported.
Vehicles purchased “as-is” or without warranty coverage generally do not qualify for lemon law protection.
Q: How Many Repair Attempts Are Required Before My Vehicle Qualifies?
A: While California law establishes presumptions regarding what constitutes a “reasonable number of repair attempts,” there is no fixed number that applies to all situations.
Generally, four or more attempts to repair the same defect, two attempts to repair a serious safety defect, or 30 cumulative days out of service can establish a presumption that your vehicle is a lemon.
However, even fewer repair attempts may qualify if the defect is particularly severe or if other factors demonstrate the manufacturer’s inability to effectively repair the vehicle.
Q: Will I Have to Pay Attorney Fees to Pursue a Lemon Law Claim?
A: One of the consumer-friendly aspects of California’s lemon law is its provision for attorney fee shifting.
If your claim is successful, the manufacturer must pay your reasonable legal fees and costs.
This means you can secure qualified legal representation without upfront expenses or out-of-pocket costs.
Consumer Action Law Group handles lemon law cases on a contingency basis, so you pay nothing unless we successfully resolve your claim.
Q: Can I Still Pursue a Lemon Law Claim If I Continue Driving the Vehicle?
A: You can continue to drive your vehicle while pursuing a lemon law claim in California.
In fact, completely ceasing to use the vehicle is not required and could potentially complicate your claim.
However, you should continue to document any ongoing issues and promptly report new defects to the dealership for repair.
Keep in mind that additional mileage may slightly reduce your potential refund amount if your claim is successful.
Q: What Documentation Do I Need for a Successful Claim?
A: Thorough documentation significantly strengthens your lemon law claim.
Important documents include your purchase or lease agreement, warranty information, all repair orders showing the vehicle’s repair history, correspondence with the dealer or manufacturer, and personal notes documenting when defects occurred and how they impacted your use of the vehicle.
Our attorneys can help you gather and organize this documentation to build the strongest possible case.
Q: Does Lemon Law Cover Vehicles Purchased from Private Parties?
A: California’s lemon law generally does not cover vehicles purchased through private party transactions.
The law primarily applies to vehicles purchased or leased from dealers that come with manufacturer warranties.
However, if the vehicle was purchased privately but is still covered by the transferable portion of the manufacturer’s original warranty, you may still have some protection under the law.
Q: What Is the Lemon Law Presumption?
A: The lemon law presumption means a court can assume a vehicle is a “lemon” if certain conditions are met. This shifts the burden of proof to the manufacturer, providing a legal advantage for consumers with defective vehicles, simplifying the process of seeking compensation.
Don't Get Stuck With a Lemon - Speak to Our Top Lemon Law Attorneys Today!
If you’re struggling with a defective vehicle in California, don’t wait another day to protect your rights and financial interests. Every day you delay could mean another repair attempt, more time without a reliable vehicle, and additional stress for you and your family.
Take the first step toward getting out of your defective vehicle and securing the compensation you deserve. Call (818) 254-8413 or complete the contact form below to schedule your free, no-obligation consultation.
Don’t let the stress of a defective vehicle continue to impact your life – let us fight for your rights under California’s powerful consumer protection laws!
