Mistakes to Avoid in a Lemon Law Claim in California

Unfortunately, if you have purchased or leased a new or used vehicle in California that has recurring problems despite multiple repair attempts, you might be wondering about some mistakes to avoid in a Lemon Law claim in California. Under this law, you may be entitled to some form of relief.

It is important to note that while the law is designed to protect consumers, pursuing a lemon law claim can be more complex than it appears. Even seemingly minor missteps can delay your case or result in a denial of compensation. Here are the top mistakes to avoid when pursuing a California Lemon Law claim and how you can protect your rights throughout the process.

1. Not Knowing If Your Vehicle Qualifies

One of the first and largest mistakes consumers make is assuming that any defective vehicle qualifies as a lemon. This is why it is important to understand California’s Lemon Law, formerly known as the Song-Beverly Consumer Warranty Act. This law applies to:

• Vehicles purchased or leased for personal, family, or household purposes
• Vehicles still under the manufacturer’s original warranty
• Vehicles with a substantial defect that affects use, value, or safety
• Vehicles that have undergone a reasonable number of repair attempts

2. Waiting Too Long to Take Action

California has a four-year statute of limitations for Lemon Law claims, and the clock begins from the date you first experience the defect. Not all consumers understand this rule and wait until the warranty is about to expire or until the problem is so bad the vehicle is undrivable. The court may dismiss your claim if you wait too long to file it.

It is important to seek legal advice as soon as you start experiencing persistent vehicle problems. Lemon law claims are on the rise in California, with them making up nearly 10% of all civil filings.

3. Failing to Keep Proper Documentation

Documentation is critical to a successful Lemon Law claim. Without a detailed paper trail, proving that your vehicle is a lemon becomes much more difficult. Common mistakes include:

• Not keeping copies of repair orders and invoices
• Failing to record dates and mileage at each repair visit
• Not noting what repairs were attempted and what was said by the service advisor
• Losing copies of your sales or lease agreement

4. Excessively Using the Vehicle After a Defect Is Clear

While it’s understandable that you may need your car for daily use, excessive mileage can hurt your case. California’s Lemon Law allows manufacturers to deduct a mileage offset. This means your refund may be reduced based on the mileage at the time the defect first appeared. If you continue to use the vehicle heavily after noticing the problem, the offset deduction increases.

5. Letting The Dealer Talk You Out of a Claim

Dealerships may assure you that the issue will be fixed soon or encourage you to continue bringing the vehicle back for repairs rather than exploring a Lemon Law claim. Waiting too long and relying on these promises can jeopardize your case. It is important to note that California law does not require the dealer to declare your vehicle a lemon. That determination comes from either a successful legal claim or a manufacturer buyback.

6. Accepting a Manufacturer’s Lowball Offer

Manufacturers often try to resolve Lemon Law claims quickly by offering minimal settlements, such as covering one month’s payment, providing a discount on a new vehicle, or issuing a partial refund. Many consumers accept these offers, not realizing they are entitled to more. This includes a full buyback of the vehicle, replacement of the vehicle of equal value, or reimbursement of expenses, including attorney’s fees.

7. Going Through a Lemon Law Claim Without Legal Representation

California’s Lemon Law is consumer-friendly, but navigating the process without legal help can be risky. Manufacturers have teams of legal professionals who handle these claims regularly. They may try to dismiss your claim on technicalities, delay the process, or offer less than you deserve. An experienced Lemon Law attorney may:

• Evaluate your eligibility
• Handle all communications with the manufacturer
• Ensure proper documentation and legal filings
• Maximize your recovery through settlement or court

8. Misunderstanding Used Vehicle Protections

Many consumers think Lemon Law protections only apply to new vehicles. Used vehicles can also qualify as long as they are still under the manufacturer’s original warranty or were sold with a Certified Pre-Owned (CPO) warranty from the manufacturer. However, coverage is more limited, and there are more gray areas with used cars. It’s essential to verify the warranty status and whether the defect began during the warranty period.

FAQs

Q: How Hard Is It to Win a Lemon Law Case?

A: Winning a Lemon Law case can be challenging, but it is possible with proper documentation. Success usually depends on proving repeated, unresolved defects under warranty. Providing clear records of repairs, communications, and warranty coverage significantly improves your chances. An experienced California lemon law attorney may increase the likelihood of a favorable outcome.

Q: What Is the Average Lemon Law Settlement in California?

A: The average Lemon Law settlement in California greatly varies based on the vehicle’s value, issues, and case strength. Many settlements cover a vehicle buyback, attorney fees, and additional compensation. Each case is unique, but outcomes often favor consumers when strong evidence supports repeated, unresolved manufacturer defects or warranty repair failures.

Q: What Qualifies for Lemon Law in California?

A: In California, a vehicle qualifies under the Lemon Law if it has a substantial defect covered by the warranty that persists after a certain number of repair attempts. This includes new or used vehicles under warranty. The defect must impair use, value, or safety, and repairs must occur within a certain timeframe.

Q: What Do You Get Back Under the Lemon Law in California?

A: Under California’s Lemon Law, if your vehicle qualifies as a lemon, you may receive a refund or a replacement vehicle. A refund could include your down payment, monthly payments, taxes, fees, and other costs as well. The manufacturer may also deduct a mileage offset. Attorney fees could also be covered.

Contact Lemon Law Pro Today

Navigating a Lemon Law claim in California requires awareness, organization, and timely action. Avoiding the mistakes above can dramatically increase your chances of a successful outcome.

If you suspect your vehicle is a lemon, it is time to reach out to an experienced California Lemon Law attorney who may guide you through the process, protect your rights, and fight for the compensation you deserve. Contact Lemon Law Pro today.