Lemon Law
Understanding California Lemon Law
Despite a manufacturer’s best intentions and hard work, inevitably, some vehicles will end up experiencing issues. That’s why the state of California has laws in place to protect the consumers who will purchase one or more of the over 150,000 lemons sold every year in the state. The lemon laws in CA state that if a manufacturer cannot repair a consumer good after a reasonable number of repair attempts, then they must either replace or refund their customer.
Lemon Law can be tricky to navigate and that is why Bana Legal is so passionate about helping their clients. We put over 35 years of legal experience behind you and are ready to help you finally get rid of that lemon car and get the maximum compensation you deserve.
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What is Lemon Law?
Lemon laws are a set of laws in the United States that provide protections to consumers who have purchased a defective good. Lemon laws most frequently apply to vehicles that experience persistent mechanical issues while still under warranty. Lemon Laws may apply to RVs, motorcycles, boats, planes, etc. The details of lemon laws vary from state to state, but the overall purpose of these laws are the same: to fairly compensate consumers who have spent time and money on a defective vehicle.
Is Your Vehicle A Lemon?
If you’ve purchased or leased a vehicle, whether new, certified pre-owned, or used, that has been to the dealership for multiple repairs for the same issue under the manufacturer’s warranty, your vehicle may be a lemon. The California lemon Law, otherwise known as the Song-Beverly Consumer Warranty Act, requires manufacturers to replace or repurchase vehicles that do not conform to the manufacturer’s warranty after a “reasonable” number of repair attempts.
Whether a vehicle qualifies as a “lemon” under California law is a circumstantial, fact-based determination. Ultimately, the court will evaluate the “lemon” status of your vehicle on a case-by-case basis. For example, if your engine fails every time you drive your vehicle, and the manufacturer has been unable to permanently fix the issue (despite repeat repair attempts), then a court is likely to consider your vehicle a “lemon.”
Looking for the BEST Lemon Law Attorney in California? Look no further.
We have over 35 years of legal experience and know how to help you win your case.
Frequently Asked Questions
In order for your purchase to qualify under the statute of your state’s lemon laws, you must:
- Bring your purchase to the manufacturer, or an authorized repair facility (dealership for your type of vehicle), to be serviced when it has an issue.
- Keep records/repair invoices of the manufacturer’s attempts to repair the same issues multiple times.
- Continue to take your vehicle to the manufacturer for repairs, even if it doesn’t result in a resolution of your vehicle’s issue(s).
If you want to ensure that you qualify under your state’s lemon laws, then you should avoid:
- Taking your car to any mechanic that is not your manufacturer because this may void your warranty
- Losing your vehicle because it was repossessed
- Not returning your car to the manufacturer for repairs. It may seem redundant, but you need to be able to prove you made every attempt at fixing your vehicle before they will refund or replace your vehicle.
If you have any questions about your case. Call us and we’ll provide a free review.
California makes it easier for lemon law plaintiffs with California’s Lemon Law Presumption (California Civil Code Section 1793.22(b)), which contains guidelines to determine what a “reasonable” number of repair attempts is. In California, there is a presumption that your vehicle is a lemon if the following criteria are met within 18 months of delivery to you OR 18,000 miles on the vehicle’s odometer, whichever comes first:
- The manufacturer (or its agents) have made 2 or more attempts to repair a vehicle under warranty that results in a condition that is likely to cause serious bodily harm or death upon driving the vehicle.
- The manufacturer (or its agents) have made 4 or more attempts to repair a vehicle’s repetitive issue under warranty; or
- The vehicle has been out of service for 30 days while being repaired for a warranty issue. (This does not have to be consecutive days); or
- The issue(s) that the vehicle is experiencing, that have been covered under the manufacturer’s warranty, substantially reduce the use, value, or safety of the vehicle to the consumer and are not caused by the owner’s unordinary use or abuse of the vehicle.
If the above-criteria are met, the Song-Beverly Consumer Warranty Act presumes that the owner/lessee of the vehicle is entitled to a replacement vehicle or refund of the purchase price. However, this is a rebuttable presumption. The manufacturer will have an opportunity to show that the criteria has not been met, and therefore, no replacement vehicle or refund is warranted.
Call us now for a FREE CONSULTATION or try our LEMON LAW QUESTIONNAIRE to see if you may qualify for a claim!
Even if the above-mentioned criteria are not met, your vehicle may still be a lemon. We encourage you to contact us today for a FREE CONSULTATION or try our Lemon Law Questionnaire to see if you may qualify for a claim!
If a manufacturer or its agents are unable to repair your vehicle under the warranty period after a reasonable number of repair attempts, then your vehicle is a “lemon” and you may be entitled to a refund or replacement vehicle. If your vehicle is not a lemon, you may be entitled to receive thousands of dollars in cash compensation to settle your claim. *This Does Not Constitute A Guarantee, Warranty, Or Prediction Regarding the Outcome of Your Legal Matter
In California, the lemon laws apply to your new or used, purchase or leased vehicles that are sold with a written warranty.
With respect to reimbursement, compensation may include:
- Cost of repairs
- Loss of use
- Value of time spent on attempting to correct defects
- Down payment
- Monthly payments
- Incidental expenses (i.e., cost of rental)
- Attorneys’ fees
- And more
When the manufacturer refunds the vehicle, they are entitled to deduct the value that you derived from your use of the vehicle. Typically, this is measured by the mileage that you have put on the vehicle. This is known as a Mileage Offset.
Attorney’s Fees and Costs
When Bana Legal Group has retained you as our client, you will not come out-of-pocket to pay any legal fees. We use the State and Federal Lemon Laws to require the manufacturer to pay our attorney’s fees and costs. Win or lose, you will never have to pay out-of-pocket for our services.
You may still be entitled to compensation. It depends on many factors, including when you started to receive repairs on your vehicle. If your vehicle first started experiencing issues while it was still under warranty, it is possible that you are eligible for a buyback or replacement. Because the intricacies of these laws are complicated, it’s smart to reach out to an experienced lemon law lawyer regarding your circumstances. We offer free evaluations and are happy to answer any questions you may have about your current lemon situation.
Why Choose Us?
We are committed to providing you with the utmost personalized legal representation at NO UP-FRONT COST to YOU! We are not afraid to pursue claims against large car manufacturers and have experience in getting consumers refunds for their defective vehicles.
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