California Lemon Law Attorney

California Lemon Lawyer

California’s Song-Beverly Consumer Warranty Act, commonly referred to as the California “Lemon Law” was enacted to provide protection for consumers. There are many rules and exceptions to this Consumer Warranty Act therefore, it is highly recommended to retain the legal counsel of an experienced California Lemon Law attorney so that your rights are preserved and your settlement or judgment reflects the true value of your auto defect claim.

Often, manufacturers offer consumers low settlement values, simply because the consumer may not have an understanding of the value of their case. With Lemon Law Pro’s Legal Team on your side, your case will be evaluated at the outset by an experienced attorney, and we will aggressively work to secure the maximum settlement or judgment the law allows.

How the California Lemon Law Can Help You

Though each case is different and we are unable to guarantee a specific outcome, our experience fighting California Lemon Law cases puts the best Legal Advocate on your side. Fortunately, California has one of the most consumer friendly Lemon Laws in the United States. Therefore, as a California Consumer, you have the law, and Lemon Law Pro, on your side.

With over two decades of combined experience, our attorneys are passionate about assisting clients statewide. While it is not required to hire a lawyer in order to file a lemon law claim in the state of California, a professional who understands these often complex legal matters can be a significant asset to have on your side during the duration of your case and, if necessary, a subsequent trial.

Our team of experienced lawyers can work to advocate for your consumer rights and fight for the maximum amount or type of compensation you deserve. We have handled many of these types of cases over the years, so we know how to craft a successful claim.

What to Look for in a Dependable California Lemon Law Attorney

Your lemon law attorney should understand and fight for your rights. There are many qualities to look for when choosing who will represent you, especially when it comes to California Lemon Law claims. These include the following:

• They make you feel supported, comforted, and that your case is a priority for them.
• They understand California Lemon Law inside and out and have a vast knowledge of the legal proceedings surrounding it.
• They work hard to ensure your case is resolved in an efficient and quick manner.
• They include you in as much of the process as they can and value what you have to say and contribute.
• If a case is brought to trial–which is a rarity–they have a record of success in court.

The Basics of California Lemon Law

California provides relief to consumers who purchase a new, used or leased motor vehicle with applicable express warranties. A consumer is entitled to relief if a vehicle is unable to conform to its express warranty after a “reasonable” number of repair attempts, by the dealership, have been made in an effort to try and correct the problem. A nonconformity exists when the use, value or safety of the vehicle is substantially impaired.

A vehicle can be “presumed” to be a lemon under certain criteria. Please note that while there is a presumption it does not guarantee that a manufacturer will be required to buyback your vehicle for there are a number of exceptions that may apply.

With regards to the presumption and citing sections from California Civil Code Section 1793.22:

It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

• The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
• The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
• The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer.  The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.

“New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.

“New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.

“Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.

The law encompasses most passenger cars, including those from manufacturers like Hyundai, Nissan, Ford, Chevrolet, and GM. These vehicles fall under the protection of the California Lemon Law, provided they meet the criteria for nonconformity.

It can also include motorcycles, boats, or other recreational-style vehicles in certain cases.

Common Defects in Popular Vehicles

The unfortunate reality is that no car manufacturer is immune from producing defective vehicles at times. Some makes and models of vehicles tend to suffer more issues than others. However, there are common defects that can affect most vehicles. While not completely exhaustive, many of these defects include:

• Issues with the exhaust system
• Brake problems
• Airbag failure or other defects
• Electrical issues
• Malfunctions of the engine
• Issues with power steering
• Coolant, fluid, or oil leaks
• Water leaks
• Faulty dashboard lights
• Seat belt failures
• Malfunctions of the navigation system
• Engine problems
• Defects in suspension or transmission
• Malfunctions with power equipment
• Air conditioning or heating system malfunctions
• Fuel gauge failures
• Stopping or braking malfunctions

At the basic level, it is most important to remember that a defect includes anything that significantly impairs the use, safe operation, or value of your California vehicle. If you do not see the issue you are dealing with on this list, don’t panic. An experienced and knowledgeable attorney can analyze your specific case and determine the right course of action to take.

Compensation Available to You in Lemon Law Claims

Under the California Lemon Law, there are several avenues of compensation to recover in a lemon law claim. If you’ve purchased or leased a vehicle with at least one recurring defect, and that vehicle was purchased or leased under an active written warranty, you may be eligible for financial compensation.

Those individuals who get stuck with lemon vehicles in California have the ability to seek the following kinds of compensation:

• The Replacement of Your Vehicle: In these situations, the consumer can choose to receive a new and similar vehicle to the one they originally attained. This vehicle must be free of the defect that caused the consumer to file a lemon law claim in the first place. The car company must pay all taxes and fees incurred in this process.
• The Repurchase or “Buyback” of Your Vehicle: In cases of repurchase, the manufacturer of the vehicle refunds the amount of money paid by the consumer for the lemon vehicle. This includes all charges, fees, factory costs, taxes, shipping, and DMV fees. Out-of-pocket costs paid by the consumer while the vehicle was under their ownership are likewise included, such as the cost of repairs, tow trucks, or rental cars.
• A Cash Settlement: Under these circumstances, the car company reimburses all costs built up while the consumer owned the vehicle. Following this, the consumer has the right to keep the vehicle, sell it, or trade it in.

There is also a chance to press for civil penalties if the car manufacturer’s violation of the California Lemon Law was willful. The success of a civil case could increase the amount of compensation you’re entitled to.

This is why it is so crucial to retain the services of a skilled and knowledgeable attorney who can evaluate your specific case and determine what kind of recoveries and remedies you may be able to pursue.

Ways to Deal With Your Dealership or Manufacturer

The unfortunate truth is that most dealerships and car manufacturers will not give in easily to your claim. They will do everything they can to avoid being held accountable for their shortcomings. In order to ensure the success of your filing, adhering to the following tips could prove prudent.

• Make sure to document your concerns about the vehicle in detail before signing any repair order. If you find yourself visiting the dealership multiple times to have the same defect repaired, be consistent with the description of the issue causing these repeat appointments. This will help prove that the issue was not fixed and you allowed a reasonable number of attempts to be made.
• If one of your concerns written on the repair order was not addressed or fixed, ask why it wasn’t on the repair invoice and then get the dealership to put their reason in writing.
• Ensure that all work done to your vehicle by the dealership is documented. This can include any emails, text messages, phone calls, or voicemails regarding the scheduled work, plus any physical paperwork.
• Never leave the dealership without a copy of your repair order or invoice. This documentation could prove essential to the outcome of your California lemon law claim.

The Time Involved in a California Lemon Law Claim

Once you have made the decision to file a California Lemon Law claim and have retained the counsel and representation of an attorney, you may wonder how much time and money this legal proceeding will take from you.

Unfortunately, there is no real way of estimating how long a case like this will take. Several factors can come into play that will affect the duration of your case. One of the biggest factors is the complexity of your case. If your claim involves a litany of defects and the car manufacturer is disputing the root cause of these defects, your case may take longer to process.

However, an experienced lemon law attorney can reduce this timeline as much as possible by gathering all the necessary documentation and evidence so that you are prepared no matter what complications arise.

How Much Does a Lemon Law Lawyer Cost?

Fortunately, when it comes to Lemon Law Pro, you can rest easy knowing there will be no out-of-pocket fees for yourself in hiring an attorney. Part of your settlement typically includes the car manufacturer paying your lawyer’s contingency fees. Therefore, if and when your case is won, the car company will be liable for your legal fees. However, some attorneys charge upfront expenses, which can be difficult for those whose finances are already in disrepair due to their lemon vehicle.

At Lemon Law Pro, our lawyers don’t get paid if your case is unsuccessful. We do not charge clients any legal fees, and we’re only paid by the manufacturer if we win the case. This means there’s no financial risk to you when you choose us to assist you in your claim. You may, however, be subject to pay state income tax on your settlement.

California Lemon Law Cases and Court Trials

It is a common myth that lemon law cases almost always wind up in a courtroom. It is often believed that refund, replacement, or even cash settlement claims must undergo costly and lengthy court proceedings. This is almost always not the case.

Most of the time, these claims are settled long before they have to go to trial. You may even never have to leave your attorney’s office. Your skilled attorney can negotiate with the car manufacturer to achieve a settlement that covers your costs without the need for a trial.

Contact the Attorneys at Lemon Law Pro Today

If you are a resident of California, you need a durable and reliable vehicle. If your car or truck is suffering from recurring issues under warranty that no dealership has been able to address, it’s time to contact a trusted California Lemon Law attorney. We can help you navigate these detailed legal claims while you focus on getting back on the road safely.

Contact the offices at Lemon Law Pro today. We’d love to schedule a free consultation and determine how we might be of service in your unique case. Don’t let a defective vehicle get in the way of your daily life. If you own a lemon, it’s time to get a lawyer.