Lemon Law Articles
Click below where you can find articles that can provide solutions to many of the questions you might have regarding California Lemon Law or if you might have a legitimate lemon law claim.
California Lemon Law FAQs
Q. My car is out of warranty now. Can I still have a lemon law claim?
Ans: Yes. If you can establish the defect or nonconformity occurred during the original manufacturer’s warranty period your claim may still be valid.
San Diego Lemon Law Attorney
When you need a lemon law lawyer in California, our firm is the statewide leader in representation of consumers against auto manufacturers for “lemon law claims.” Over 2 million cars were sold in California in 2016. Unfortunately, a large percentage of these vehicles have problems or “nonconformities” which substantially impair the use, value and safety of the vehicle. These nonconforming vehicles are “lemons” under California’s Lemon Law, the Song-Beverly Consumer Warranty Act. Even used vehicles can qualify as lemons.
Don’t get stuck with a San Diego lemon
Often, when consumers first call us they are unsure whether their vehicle or consumer good (trailer or boat) qualifies under California Lemon Law.
In order to establish a lemon law claim in California, your vehicle, trailer or boat must have a defect or “nonconformity” which is a substantial impairment to the use, value and/or safety of the vehicle. The manufacturer through its authorized repair facility (dealership) must be given a reasonable number of repair attempts for the nonconformity. Sometimes only one or two repair attempts are all that is needed to qualify your vehicle, trailer or boat as a lemon because the defect is so serious.
An example of a serious defect would be engine or transmission failure. Usually, one guideline set forth in California Lemon Law is if the vehicle has had at least four repair attempts for the same defect, the car qualifies as a lemon. However, there is no hard and fast rule. The best advice is to call our California Lemon Lawyers at 877-955-3666 for an evaluation. We do not charge our clients fees or out of pocket expenses.
A vehicle can qualify if it is new or used and even if it has higher mileage. Certain factors can weigh in the consumers favor if, for instance, there has been a recall or “technical bulletin” issued by the manufacturer for the subject defect or the manufacturer has extended the warranty on certain components of the vehicle.
Lemon Vehicles Do Not Have to Be New
Over the years we have represented many consumers who did not think they would ever qualify for the repurchase or replacement which they ultimately got once they were represented by Lemon Law Associates of California. We just recently won a trial involving a used BMW with 46,000 miles which was sold by Carmax. As long as there is a remaining term on the warranty, it is transferable to the next owner. You do not have to purchase a car at an authorized dealer to be able to make a lemon law claim.
Often consumers are needlessly frustrated by the red tape and “run around” they receive from the dealerships and manufacturer. Many clients call confused as to who is responsible for their lemon. The dealership cannot help you with your claim. Only the manufacturer can offer a buy back or replacement under California Lemon Laws.
In most cases there is no reason to be stuck with your lemon. Lemon Law Associates of California can help. We have represented thousands of disgruntled California consumers get the justice they deserve. Don’t waste any more time by fighting with your local dealership or by calling the “customer satisfaction” help lines. If you need an aggressive, lawyer, give us a call today!
Lemon-Law Attorneys With the Experience You Need
The California Lemon Law Attorneys of Lemon Law Associates of California specialize in helping consumers recover costly expenses or damages associated with their California lemon vehicles.
Under California’s Song-Beverly Consumer Warranty Act (Civil Code Section 1790 et seq.) a “Lemon” condition exists when a defect or “nonconformity” “substantially impairs” the use, value and/or safety of the vehicle.
Under this Act, a “vehicle can include a motorcycle if street legal, the chassis, chassis cab of an RV or that portion of the motor home devoted to its propulsion. If the manufacturer is given enough repair attempts (based on the type of problem and the circumstances unique to that case) and the vehicle cannot be repaired to conform to the express manufacturers’ warranty, then the consumer may be eligible for a full buy back (repurchase) or replacement of the lemon vehicle.
The Act also provides a replacement remedy for other consumer goods such as boats, travel trailers, or 5th wheels.
Motorcycle Lemon Law Attorney California
Under the Tanner Consumer Protection Act (an enhancement to the Song-Beverly Consumer Warranty Act), a vehicle is presumed a “lemon” if the following occurs:*
- 1. You purchased or leased a new or used vehicle, and;
- 2. During the first 18 months or 18,000 miles you brought the vehicle to a dealer for repair of the same or similar problem related to safety, value, or use;
- four or more times; or
- two or more times for a problem that is likely to cause death or serious injury; or
- it was out of service for a total of more than 30 days.
*You do not have to meet the “presumption” for a vehicle to be considered a “lemon” under California law. Vehicles with higher mileage, or older than 18 months, can also qualify for a buy back or replacement. Even if the vehicle is now out of warranty, a vehicle may qualify for lemon law remedies if defects or nonconformities can be established during the warranty period.
The bottom line is that there is no hard and fast rule to determine if your vehicle qualifies as a lemon. A number of factors apply. Call us today at 877-955-3666, or fill out our Contact Form to see if you have a lemon on your hands. There is no out of pocket cost or fees charged to our clients. We would love to hear from you.
California Used Car Lemon Law Attorney
Out of State Lemons: Lemon Law Associates of California is a California Lemon Law firm. We may still able to represent you if your vehicle was purchased or leased in a state other than California. Please contact us and let us know about your particular case. There are many Federal Warranty laws which may apply. (Magnuson-Moss Warranty Act).
Extended Warranty Alert.
Ford has notified the owners of 2012 through 2015 Ford Focus and Fiesta models that they will receive an extended warranty. This is due to the fact that the transmission clutch has a shuddering problem. The original powertrain warranty was for 5 years or 60,000 miles, while the extended warranty now covers 10 years or 150,000 miles. If you have a 2012-2015 Fiesta or Focus give us a call. We have successfully handled many cases and obtained repurchases for our clients. Read More…
Chrysler (Fiat-Chrysler Automobiles FCA US LLC) General Motors and Nissan are also experiencing transmission problems with many models.
General Motors has had problems and (Lemon Law Associates) has obtained repurchases on 2016 Escalades with faulty transmissions. Nissan has had problems with transmissions in Sentras and Altimas, and Lemon Law Associates has gotten repurchases on these as well. Chrysler and Fiat vehicles have new 8 speed transmissions that have had various issues. Often these transmissions jerk and do not shift properly. We are currently handling many transmission cases involving Chrysler Fiat as well. Let us help you with your transmission problems or concerns.
When you buy a big-ticket item, such as a car, truck, boat, or RV, you expect manufacturers have thoroughly inspected and tested each vehicle for defects. However, this isn’t always the case; some vehicles have hidden issues that don’t show up until they have been driven on the open road for some time. If you’ve recently purchased a new vehicle, and you continue to suffer mechanical breakdowns with your purchase, you might have a lemon. California’s Lemon Law protects you, but it’s in your best interest to hire an experienced Lemon Law attorney to advocate for you and ensure that you’re adequately represented if your case goes to court.
If you suspect your vehicle, boat, RV, motorcycle, or other large purchase is a lemon, contact the skilled California lawyers at Lemon Law Associates of California at (877) 955-3666 for a free consultation, to discuss the details of your case, and to determine your eligibility for compensation.
About Lemon Law Associates of California
Our San Diego-based law firm remains committed to advocating for consumers who have Lemon Law claims throughout California. The skilled legal team at Lemon Law Associates of California has extensive experience representing clients and reaching settlements with automakers who have sold lemons to consumers. Some examples of our past results include:
- A new truck with brake and engine problems.Our client filed a complaint with the manufacturer and had no response. Our firm secured a full repurchase of the vehicle.
- A used luxury sedan with brake issues. After nine brake repairs, Lemon Law Associates of California secured a full repurchase on the vehicle, which had more than 30,000 miles.
- A new sedan with electrical problems.Our client was stranded multiple times because the vehicle would not start. The automaker blamed the problem on a dealership installation of a car alarm. We filed a suit against the manufacturer and the dealership and collected damages equal to the repurchase value of the vehicle.
These results serve as examples, but we cannot guarantee results in any particular case. We can, however, guarantee that we will diligently pursue the best outcome given your individual circumstances.
What Is the California Lemon Law?
You’ve probably heard the term lemon discussed and know that you are protected under the California Lemon Law, but you might not know the exact details of the law. The California Lemon Law is actually a group of laws that fall under the umbrella of the Song-Beverly Consumer Warranty Act. When signed into law in 1970, the act required all manufacturers to repurchase or replace defective items which could not be repaired after a reasonable number of attempts. The California Lemon Law applies to many different consumer products, but it most often applies to vehicles. Song-Beverly doesn’t require a specific number of repair attempts for motor vehicles, but it provides the following criteria for determining whether a new vehicle is a lemon:
If the following occurs within 18 months of purchase or lease or before the vehicle has 18,000 miles on its odometer, the law presumes the vehicle is a lemon:
- The manufacturer or its agents (typically a dealership) have tried to repair a dangerous or deadly warranty issue two or more times.
- The manufacturer or dealership has tried to fix the same warranty issue four or more times.
- The vehicle has spent an aggregate total of 30 days in the shop for warranty problems.
- Warranty issues are not a result of abuse, and they substantially reduce the use, value, or safety of the vehicle to the owner.
The California Lemon Law also applies to used vehicles under warranty by the manufacturer or the dealer. If you suspect your vehicle is a lemon, your attorney will guide you through the process and advise you on what parts of the Lemon Law apply to your individual situation. The Lemon Law covers the following new and used vehicles sold or leased in California:
- Cars, trucks, SUVs, and vans
- The chassis, chassis cab, and drivetrain of an RV or motorhome
- Dealer-owned vehicles and demo cars
- Business vehicles
- Personal vehicles
Common Types of Vehicle Defects
New cars should be in perfect condition when you make your purchase, and used vehicles with a warranty should have been professionally inspected prior to purchase. If you have experienced problems within the first few years of buying a vehicle, it’s likely that the manufacturer or dealership failed to follow through with the appropriate inspections. Some common vehicle defects that you might encounter include:
- Electrical and/or computer problems
- Faulty power steering
- Brake issues
- Malfunctioning airbags and/or seatbelts
- Faulty accelerator
How We Can Help With Your Lemon Law Claim
You aren’t required to have an attorney to make a California Lemon Law claim, but manufacturers and dealers are faster to respond if you do, and you are more likely to get a positive outcome if you have a lawyer in your corner. Here are some of the ways in which Lemon Law Associates of California can help you with your claim:
- Deadlines. Filing a claim and handling communication with all of the involved parties during the process involves meeting many deadlines. Manufacturers will use missing these deadlines as grounds to deny your claim. We will make sure you meet any deadlines associated with your claim.
- Eligibility. Not all defects are protected under the Lemon Law. Your attorney will verify your eligibility under California law.
- Expertise. Our firm focuses exclusively on Lemon Law claims, so we have in-depth knowledge to answer your questions and guide you through the claims process.
- Client service. We prioritize client service by providing exceptional representation and keeping you abreast of developments in your case. We also pride ourselves on our availability and accessibility.
- Advocacy. We advocate for your rights against automakers and dealers to make sure that you secure justice.
- Save time and money. You’ve already spent a great deal of money on a vehicle that is new to you. Dealing with a lemon costs additional time and money. In many cases, we can resolve your case quickly, without going to trial, so you can go about life as usual.
Contact Lemon Law Associates of California for the Legal Help You Need
If you suspect you have a lemon, call Lemon Law Associates of California today at (877) 955-3666, or contact us online, for a free case review. Our experienced California Lemon Law lawyers will review your case and guide you through the Lemon Law claims process.
Don’t be lured by manufacturers requesting that you arbitrate your case through the BBB or other agency. This will only delay your claim and increase your frustration level. It can also potentially hurt your case if you are not successful at the arbitration level. Although each case is different, Lemon Law Associates of California knows how to move through the red tape and get you the fastest relief possible for your lemon.
If you do not live near our offices, your free consultation and case review can be conducted by telephone. Documents can be submitted to your California lemon lawyers for review by e-mail fax or regular mail. Most of our lemon law cases are settled in which a physical meeting with our clients is not even necessary.
In the event we need to have a meeting or attend a legal hearing or appearance, our California lemon law attorneys will travel to your area at no cost to you.
Ethical and Aggressive Lemon Law Attorneys
Our CA lemon law lawyers adhere to the highest ethical standards. Our firm’s leader Ms. Susan Yeck has over 30 years experience as a lawyer and is an experienced trial attorney with a successful track record. Our goal is to protect California consumers against lemon vehicles. We don’t want you paying for a lemon that doesn’t work as it should. That’s not right and it’s just not fair. We would love to hear from you that your vehicle qualifies under California Lemon Law statutes. Even if it doesn’t there may be other remedies available. At the very least we will point you in the right direction.
Call Us Statewide Toll Free at 877-955-3666
Feel free to give us a call anytime at 877-955-3666 or email us through our Contact Form. We will respond quickly to your inquiry and there is no cost for the consultation or for the best lemon law representation in California.
When you purchase a vehicle, you are expected to make the payments on-time every month. For this you expect your vehicle to function properly and provide you with reliable transportation. If it doesn’t because of a manufacturing defect or flaw, the auto maker should fix the problem quickly and correctly. Many of these problems are not only inconvenient but can cost you money in lost wages and seriously impair your quality of life. Additionally, some of them can be downright dangerous if not corrected.
At Lemon Law Associates of California, we can help. You don’t have deal with all of the red tape from the manufacturers and hope that they do what they are supposed to do. We do that for you. We will aggressively represent your lemon claim and make sure you receive the compensation you deserve and get you back on the road in a reliable vehicle. We look forward to hearing from you.