Buying a new car should be exciting, not stressful. Unfortunately, lemon law claims are becoming a more common occurrence across the United States, and many consumers are ending up with defective vehicles. The good news is that both federal and state laws exist to protect consumers by requiring car manufacturers to repair, replace, or refund defective vehicles.
One thing to keep in mind is that lemon laws vary from state to state. For instance, in many states, the Lemon law may not apply to a used vehicle. In other states, like California, as long as the vehicle is sold with an express warranty the law applies to the used cars as well.
California’s Lemon Law
California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is a powerful consumer protection statute designed to protect consumers who purchase or lease new or used vehicles that fail to meet quality and performance standards. If a vehicle is found to be a “lemon,” the law provides consumers with rights to compensation, including refunds or replacement vehicles.
California Lemon Law covers new and used vehicles that are sold or leased with manufacturer warranties. This includes cars, trucks, SUVs, motorcycles, and certain recreational vehicles (RVs). Additionally, vehicles purchased or leased for personal, family, or household use are typically eligible for protection under the law.
What Qualifies a Vehicle as a Lemon?
To qualify as a lemon under California’s Lemon Law, the following conditions typically need to be met:
Substantial Defect: The defect (not caused by the owner’s use of the car after purchase) must affect the vehicle’s safety, value, or usability, such as brake failure, transmission issues, or faulty electrical systems. Minor issues like cosmetic defects usually do not qualify.
Reasonable Number of Repair Attempts: The vehicle should continue to have the defect after several repair attempts to qualify as a lemon. So the manufacturer or authorized dealer must be given a reasonable number of attempts to fix the defect. Generally, this includes:
- At least two attempts for defects that could cause death or serious injury.
- At least four attempts for other substantial defects.
- If the vehicle is out of service for more than 30 days due to repairs, it may also qualify.
Covered Under Warranty: The defect must occur within the warranty period. Extended warranties can also apply if the defect is reported within the coverage period.
My Car is a Lemon! Now What?
If your vehicle meets the criteria above, California’s Lemon Law offers several rights and remedies:
Full Refund: Consumers may opt for a full refund of the purchase price of the vehicle, including taxes, registration fees, and other associated costs. The refund must be provided by the manufacturer within a reasonable time frame, typically within 30 days of accepting the consumer’s request.
Replacement Vehicle: Alternatively, consumers may choose to receive a replacement vehicle of comparable value and specifications to the Lemon vehicle. The manufacturer is responsible for providing a replacement vehicle that meets the consumer’s needs and preferences.
Legal Fees and Costs: California Lemon Law requires the manufacturer to pay for the consumer’s attorney fees. This means you can seek legal representation without upfront costs, as the manufacturer pays for these fees upon settlement.
Steps to Take If You Have a Lemon
Lemon lawsuits can be quite complex and stressful without the assistance of experienced lawyers. So if you are stuck with a defective car that spends more time in the shop than on the road, don’t hesitate to consult a lemon law attorney who can assess your situation, review your documentation, and determine if your vehicle qualifies under California’s Lemon Law.
The Margarian Law Firm specializes in helping consumers get the justice and compensation they deserve. The attorneys at the Margarian Law Firm are well-versed in the nuances of California’s Lemon Law, ensuring that your case is handled with the highest level of professionalism. Our attorneys will evaluate your case, explain your legal rights, and guide you through the process.
Call us at (818) 553 -1000 for a FREE consultation! Our lemon law lawyers will fight for your rights and get you the compensation you deserve!
