California Lemon Law Attorney

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The California Lemon Law is in place to protect consumers like you, but navigating the legal process can be complex and overwhelming. That’s where a California Lemon Law attorney can be your greatest asset.

With their expertise and experience, they can guide you through the intricacies of the law, ensuring that your rights are upheld and you receive the compensation you deserve. But that’s not all – a skilled attorney can also provide you with peace of mind, knowing that you have a dedicated advocate fighting for your best interests. And the good thing is that under California’s Song-Beverly Act, aka Lemon Law, car manufacturers pay for your attorney fees and costs if you win your claim, so you pay nothing out-of-pocket upfront. The Song-Beverly Act was later supplemented by the Tanner Consumer Protection Act to clarify provisions under Lemon Law presumptions. 

So, if you’re ready to take control of your situation and explore the options available to you, continue reading to learn more about how a California Lemon Law attorney can be the key to resolving your vehicle issues.

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What is California Lemon Law? Your Legal Rights

If you have purchased or leased a defective vehicle in California, you have legal rights under the California Lemon Law. The California Lemon Law is designed to protect consumers who end up with a lemon car or lemon vehicle. It provides you with the necessary protection and remedies if your vehicle has serious defects that impair its value, use, or safety.

Under this law, you have the right to a replacement vehicle or a refund of your money if the manufacturer or dealership is unable to repair your vehicle after a reasonable number of repair attempts. The law applies to all types of vehicles, including cars, trucks, vans, SUVs, motorcycles, and motorhomes, as long as they they are still under the manufacturer’s original warranty.

In some cases, instead of a buy back or a refund, the vehicle manufacturer may choose to settle with you. This is referred to as a Cash-and-Keep in Lemon Law claims. The car maker usually fixes the vehicle and also make a cash payment to the owner or lessee to settle any claims under Lemon Law. 

It’s important to understand that California Lemon Law is complex, and navigating it can be challenging. That’s why it’s crucial to seek the assistance of an experienced California lemon law attorney who can guide you through the process and protect your rights as a consumer.

What Legally Qualifies as a Lemon Vehicle in California?

Do you believe you may have a lemon vehicle in California?

Understanding the legal qualifications for a lemon vehicle is essential.

It’s important to be aware of the specific requirements that must be met in order to pursue a lemon law claim and seek compensation for your defective vehicle.

Does Your Vehicle Qualify?

To determine if your vehicle qualifies as a lemon under California Lemon Laws, it must meet specific legal requirements and criteria. Here are the key factors to consider:

  • The vehicle must have a significant defect that affects its use, value or safety.
  • The manufacturer must have made multiple repair attempts to fix the defect.
  • The defect must be covered under the original manufacturer’s warranty.
  • The defect can’t be caused by regular wear and tear or lack of proper maintenance.
  • If the manufacturer can’t resolve the defect after a reasonable number of attempts, you may be eligible for a refund or replacement under the lemon car law.

According to California Civil Code, both new and used vehicles with warranty coverage can be considered lemon vehicles if they have non-conformity issues that meet the criteria mentioned above.

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New vs. Used Vehicles Covered By California Lemon Law

New and used vehicles are both covered by the California Lemon Law, providing protection to consumers who experience significant defects or malfunctions with their vehicles. Whether you purchased a brand new vehicle or a used one, if it has an existing original warranty from the car maker, you may have rights under the lemon law. It’s important to understand that the lemon law applies to vehicles bought or leased in California from a dealer or manufacturer, not through private sales.

When it comes to new vs. used vehicles, the lemon law applies equally to both. However, there are some differences to consider. For new vehicles, the lemon law covers defects that occur during the warranty period. On the other hand, for used vehicles, the lemon law applies if the vehicle still has an active manufacturer’s warranty at the time of purchase. It’s crucial to check the warranty status of a used vehicle before buying it. 

It’s important to remember that Certified Pre Owned Vehicles sold with a warranty will also be covered under Lemon Law. However, cars sold with a Service Contract are not eligible for the lemon law protection. This is because used car Service Contracts are offered by third party companies with no connection to the original manufacturer and hence do not satisfy the statutory requirements of the Song-Beverly Act.  

If you believe your vehicle is a lemon, it’s important to gather all records related to attempted repairs and contact a California lemon law attorney. They can guide you through the process, help you understand your rights, and fight for the compensation you deserve. Additionally, you may want to obtain a vehicle lemon history report to gather evidence of any previous issues.

Time Limit to File a California Lemon Law Claim

If you’re thinking about filing a California Lemon Law claim, it’s important to be aware of the time limit in which you must take action. Here are five important points to remember:
  • Time Limit: Every type of claim under the law has a specific time limit. It’s crucial to understand the particular time limit that applies to your California Lemon Law claim.
  • Filing: To ensure that your claim is valid, you must file it within the designated time frame. Failing to meet the deadline may result in your claim being dismissed.
  • California Lemon Law Claim: When filing a California Lemon Law claim, it’s advisable to consult with an experienced lemon law attorney or lawyer. They can guide you through the process and help you meet the necessary deadlines.
  • Attorney Assistance: Hiring a lemon law attorney can greatly increase your chances of a successful claim. An attorney will have the expertise and knowledge to navigate the complexities of the California Lemon Law.
  • Protect Your Rights: Filing a California Lemon Law claim within the time limit is crucial to protect your rights as a consumer. By taking action promptly, you can seek the compensation you deserve for a defective vehicle.
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Documentation You'll Need to Support Your Case

When gathering evidence for your California Lemon Law claim, it’s important to gather and organize all the necessary documentation to support your case. Documentation plays a crucial role in proving that your vehicle qualifies as a lemon and that you’re entitled to the remedies provided by the law.

To support your case, you’ll need to gather the following documentation:

  1. Repair History: Keep a detailed record of all repair attempts made by the manufacturer or authorized repair facility. This includes dates, descriptions of the issues, and the actions taken to fix them. This documentation will demonstrate that a reasonable number of repair attempts have been made.
  2. Out-of-Service Days: Keep track of the number of days your vehicle has been out of service due to repairs. This information is important in showing that your vehicle is a lemon under California’s lemon law presumption. It also shows the extent of the inconvenience caused by the defects.
  3. Safety Defects: If your vehicle has any safety defects, document them thoroughly. This includes any incidents or accidents caused by the defects and any reports or complaints made to the manufacturer or relevant authorities.
  4. Mileage Presumption: Keep track of the mileage on your vehicle, especially during the repair attempts. The mileage can be used as evidence to support your lemon law presumption claim.
  5. Number of Repair Attempts: Document the number of repair attempts made to fix the defects. Even if no actual repair was doneThis will help establish whether a reasonable number of attempts have been made.
  6. Times and Months: Keep a record of the dates and duration of each repair attempt. This will help demonstrate the ongoing nature of the defects and the length of time the vehicle has been in need of repairs. It is also used under California’s lemon law presumption: a car is presumed to be a lemon if within the first 18 months or 18,000 from purchase it has been in the repair shop 30 days or more. 

Vehicle Defects That Qualify Under California Law

To be eligible under California law, vehicle defects must meet specific criteria outlined in the Lemon Law. Here are the vehicle defects that qualify under California law:

  • Defects covered by the Song-Beverly Consumer Warranty Act: This act applies to defects that significantly impair the use, value, or safety of the vehicle. If the defects remain unresolved after a reasonable number of attempts to repair them, you may be qualify for Lemon Law protection. 
  • Tanner Consumer Protection Act supplemented the Song-Beverly Act and created the Lemon Law presumption which states that a car is a lemon if it has been out of service for a period of 30 days or more within the first 18 months / 18,000 miles.
  • Defects that result in a full refund: If the defect can’t be fixed after a reasonable number of attempts, the consumer may be entitled to a refund, less any adjustments required by lemon law statute.
  • Incidental costs: Along with a refund, consumers may be entitled to compensation for incidental costs caused by the defect. Incidental cost in Lemon Law cases include: repair costs, towing costs, rental costs,  DMV registration fees, prepayment penalty, or any other out of pocket costs reasonably related to the lemon car. 
  • Attorney fees and costs: If a consumer succeeds in a lemon law claim, the manufacturer will be required to pay the consumer’s reasonable attorney fees and costs based on the actual time expended on the case.

The Lemon Law Claims Process in California

The Lemon Law claims process in California can be started by contacting the manufacturer to inform them of the vehicle defect. Typically this is done when you take your car in to the authorized repair center for service of the defect or non-conformity as commonly referred to. 

This is an important first step in pursuing a lemon law claim. By notifying the manufacturer, you’re giving them an opportunity to address the issue and potentially resolve it. It’s important to document all communication with the manufacturer, including the date and time of the conversation, the name of the person you spoke with, and a summary of the discussion.

If the manufacturer is unwilling or unable to resolve the issue, it may be time to seek legal representation from a California lemon law attorney. They have the knowledge and experience to navigate the complexities of lemon law claims and can help you understand your rights and options. They’ll guide you through the process of filing a lemon law claim, gathering the necessary evidence, and negotiating with the manufacturer.

In some cases, litigation may be necessary to achieve a favorable outcome. A lemon law attorney will be prepared to take your case to court if needed, advocating for your rights and seeking the compensation you deserve.

Benefits of Using a California Lemon Law Attorney

If you want to increase your chances of a successful lemon law claim in California, it’s important to hire a California lemon law attorney. Here are the advantages of using a California lemon law attorney:

  • Legal Knowledge: A California lemon law attorney has a deep understanding of the intricate details of the lemon law and can guide you through the complex legal process.
  • Maximizing Compensation: An experienced lemon law attorney will fight for your rights and ensure that you receive the maximum compensation you deserve, such as a refund or a replacement for your lemon vehicle.
  • Protection of Legal Rights: A California lemon law attorney will safeguard your legal rights and make sure that you aren’t taken advantage of by the manufacturer or the dealer.
  • Experience with Lemon Caravan: Lemon laws can be applied to multiple vehicles within a short period. A California lemon law attorney will have experience handling lemon caravan cases and can effectively represent you.
  • Knowledge of Buyback Program and Extended Warranty: A California lemon law attorney will be well-informed about the buyback program and extended warranty options available to consumers with lemon vehicles, ensuring that you can make informed decisions.

Using a California lemon law attorney can greatly benefit you in the pursuit of your lemon law claim.

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Getting Monetary Compensation Under California Law

You can pursue monetary compensation, such as a refund, under California law for your lemon vehicle. The California lemon law provides such a legal protection for consumers who’ve purchased a defective motor vehicle. If you find yourself dealing with a lemon, you may have the right to seek compensation in the form of a refund for your car. The law also allows you to get a replacement vehicle that is of the same make, model, and features. The consumer has the option to choose either a refund or a replacement and the car manufacturer can’t force one or the other option. Whether you choose a vehicle replacement or a refund, the laws in California are designed to ensure that you’re fairly compensated for your lemon vehicle.

If you choose to get a refund for your lemon car, you should be aware that the law allows for deductions also referred to as a usage offset. The California Lemon Law statute has a formula to determine the amount of mileage offset. Here is how it works: you take the mileage of the car at the time of first repair of the defect and divide it by 120,000. Then you multiply that by the purchase price. The result is the use deduction from the refund which the manufacturer is legally entitled to deduct. 

When it comes to getting monetary compensation, it’s important to work with an experienced California lemon law attorney. They’ll guide you through the process and help you understand the legal basics. They’ll also ensure that your rights as a consumer are protected and that you receive the compensation you deserve.

Recent California Lemon Law Case Victories

Recent California Lemon Law case victories have shown that consumers can successfully seek compensation for their lemon vehicles. The law covers a wide range of vehicles, including cars, trucks, motorcycles, recreational vehicles, and boats, and provides remedies for consumers who’ve experienced problems with their purchased vehicles.

Here are five recent case victories that highlight the effectiveness of the California Lemon Law. While these cases were not handled by our law firm, they are good examples of how the law protects consumers: 

Case 1: A consumer purchased a brand new car that experienced significant transmission issues. After multiple unsuccessful repair attempts, the consumer filed a lemon law claim and was awarded a complete purchase refund.

Case 2: Another consumer bought a used truck that had constant engine problems, but it was still under the original manufacturer’s warranty. Despite the vehicle being sold ‘as-is,’ the consumer was able to prove that the problems existed prior to the purchase and was awarded a replacement vehicle.

Case 3: A motorcyclist encountered recurring electrical issues with their newly purchased motorcycle. The manufacturer attempted to repair the problem multiple times but failed. The consumer filed a lemon law claim and received a refund, resulting in a full loan payoff.

Case 4: A consumer leased a recreational vehicle (RV) that had continuous water leakage problems. The manufacturer was unable to fix the issue, and the consumer was awarded a complete lease termination and a refund of all payments made.

Case 5: A consumer bought a certified pre-owned car that experienced persistent braking issues. Despite the car being sold with a warranty, the manufacturer refused to repair the problem. The consumer filed a lemon law claim and was awarded a replacement vehicle.

These recent victories demonstrate the expertise of lemon law attorneys in serving California consumers and their ability to successfully navigate lemon law cases.

If you have purchased a vehicle that’s covered by the law and have experienced persistent problems, it’s crucial to seek the assistance of an experienced lemon law attorney to protect your rights and pursue the compensation you deserve.

Finding the Right California Lemon Law Attorney for Your Case

When it comes to finding the right California Lemon Law attorney for your case, it’s important to consider their experience and expertise in handling lemon law cases.

Look for an attorney who focuses in lemon law and has a proven track record of success in representing clients.

Additionally, consider their knowledge of the specific lemon law regulations in California and their ability to effectively navigate the legal process on your behalf.

Cities We Serve

If you’re looking for a reliable California Lemon Law attorney for your case, you can count on the experienced team at Shervin Behnam, Attorney at Law. We’re dedicated to helping consumers fight for their rights under the California Lemon Law.

Here are five cities in California where we proudly serve clients:

At our law offices, we understand the frustration and inconvenience of purchasing a lemon or a pre-owned vehicle with defects. Our knowledgeable attorneys are well-versed in the intricacies of the California Lemon Law and will guide you through the legal process.

We’re committed to providing aggressive representation and ensuring that you receive the compensation you deserve. If you need assistance with your lemon law case, don’t hesitate to reach out to our firm.

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Frequently Asked Questions (FAQ)

The California Lemon Law claims process usually takes several months, depending on the complexity of the case. It involves collecting evidence, submitting documents, engaging in negotiations with the manufacturer, and potentially appearing in court.

No, you can file a lemon law claim if you purchased a used vehicle with the manufacturer’s original warranty. The lemon law in California covers both new and used vehicles that have significant defects that impact their value, safety, or usability.

If your lemon law claim is successful, you may be eligible to receive a replacement vehicle or a refund of the money you spent. Additionally, the manufacturer will be required to cover your attorney fees and other associated costs.

Yes, there are exceptions to the California Lemon Law. It does not apply to clothing or other consumable goods. Additionally, vehicles that do not have existing warranties are not covered. It’s important to consult with a lemon law attorney to understand the specifics of your situation.

Yes, you can pursue a lemon law claim if you reside outside of California but bought the vehicle in the state. The California lemon law is applicable to vehicles purchased in California, regardless of your place of residence.

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