Lemon Law for California

Very often manufacturers try to discourage the vehicle owners from pursuing claims for defective vehicles putting out false propaganda that a consumer doesn’t have a lemon law claim unless four repair attempts have been made for the same defect within the first 18,000 miles or 18 months. This is simply incorrect.

The correct standard is whether the manufacturer has been given a reasonable opportunity to repair the vehicle within the warranty period. The reasonable number of repair attempts depends on the seriousness of the defect. If the defect is serious and can threaten the safety of car occupants, two repair attempts within the first 18 months or 18,000 miles are usually deemed reasonable.

There is a California lemon law presumption that the consumer should give the manufacturer a reasonable opportunity to repair the vehicle and if there have been four or more repair or 30 days of downtime in the first 18,000 miles and 18 months but the vehicle still is not repaired, then the consumer has a lemon law case.

However, meeting this lemon law presumption is not a necessary element of a lemon law case. Practically, most lemon law cases go forward without the lemon law presumption. This is only a guideline and each case must be analyzed by a professional lemon law attorney to determine if the manufacturer has had a reasonable opportunity to repair within the warranty period. If this is done, the manufacturer has to replace the vehicle or give a refund.

You have bought a new car and there is something wrong with it, but you have a car warranty and just take it to the dealer for repairs. However, the problem occurs again and again and you realize that your car may be a lemon. You should not put up with that fact as driving a lemon car can be life-threatening.

It is time to research your local lemon laws. If you live in California you should get detailed information about CA lemon law as lemon laws vary from state to state. You can either thoroughly examine Song-Beverly Consumer Warranty Act or have a consultation with a lemon law attorney to determine if the problem is your mechanic or your car.

In case your car is really a lemon the California lemon law is there to protect you. You are entitled to receive a replacement vehicle or monetary compensation.  But you should have documented all of your repair attempts. Then you should send a letter to the manufacturer and if he rejects your request to replace or refund, your lemon law attorney will do the following:

1.    Arrange an arbitration with the car manufacturer with all of the evidence necessary which may include but is not limited to your purchase documents, repair orders and any correspondence with the manufacturer and/or dealership; or

2.    File a civil lawsuit against the car manufacturer/dealership on your behalf for the protection of your CA Lemon Law rights under the CA lemon law.

When you send a lemon law claim letter to the manufacturer you usually get a negative response. This is because car companies are sure that if they deny every claim then most people who complain will probably go away. And unfortunately most people usually do so.

Car companies also think that most of the rest of the lemon law cases will also go away if they stretch out the process for as long as they can. They think so because of the following reasons:

1) Many people can’t or won’t come up with the money they need to retain an attorney. Or they’ll be scared of going to court and back out.

2) Some people may decide that going through the lemon law complaint process isn’t worth the effort and usually just sell the car privately.

3) Some people may think that before the case gets to court something could happen to the car. They could move to another state or have an accident which the company can then blame all the problems on.

4) Car companies know that if they stretch out the process long enough, people will put thousands of more miles on the car, the value of the car will then be reduced because the car is older and has been used more. So, if you put on another 30,000 miles on the car they get to deduct 30,000 more miles worth of depreciation from the price they pay you in the settlement. In other words, the longer the car is used the less they have to pay for it in the end.

5) Most people will end up taking a low-ball offer for their lemon law attorney fees and a couple of thousand dollars.

Car companies are fully sure that time is on their side and if they wait it out, they can get rid of about 95% of lemon law cases without even getting close to the courthouse steps. As a matter of fact they are counting on this.

One of the general requirements of the CA lemon law refers to the car’s warranty period. There may be people that will tell you that California lemon law only applies to the first 18 months or 18,000 miles of a vehicle’s life. That is not true. This law protects you for the length of the vehicle’s warranty period and beyond, if the problems occur while under warranty.

To be covered under the California lemon law you need to allow the manufacturer or its representatives (the dealerships) a “reasonable number” of attempts to fix the problem(s) with your vehicle.

The number of days your vehicle was in the shop for warranty repairs is also considered. If your vehicle has been out of service by reason of warranty repairs for a total of 30 days then your vehicle can qualify.

If your vehicle qualifies for the California Lemon Law, you will get compensated for the payments that were outlaid to pay for the vehicle. It is up to you to decide whether to get a replacement vehicle or your money back.

To make sure your vehicle qualifies you should contact a qualified CA lemon law attorney. Get a free consultation from and let the lemon law work for you.

What exactly is California lemon law? CA lemon law states that if the consumer has had to repair his new or used car an excessive number of times during the warranty period, but still continues experiencing the same problem, then that vehicle is considered to be a “lemon.”

But what number of attempts to fix the vehicle does this law require? Unfortunately, the answer varies from situation to situation. Depending on the nature and seriousness of the problem with the vehicle the number of repair attempts may vary from just one or two attempts to about four. For example, if your car has serious brake issues that can cause serious injury or even death, then one time taking the car to the repair service but not being able to fix the problem is enough. But this is just common sense.

An experienced lemon law attorney that specializes in the CA lemon law can help you to determine how many times is considered reasonable for your specific vehicle problem. If your vehicle qualifies as a lemon you can file a claim for reimbursement and refunds. Be aware that the vast majority of lemon law cases are judged in favor of the consumer.

If you are very diligent about keeping repair papers and receipts, with a professional lemon law attorney, you have a very good chance of not only having your money returned to you, but also the probability of getting a brand new vehicle in your exact make and model.

Pursuing your lemon law rights the first step is to document your case. Write a letter to the manufacturer describing the problems you’ve had with the vehicle and ask him to “buy back” your car because it is a lemon. Send the letter by certified mail to the manufacturer’s address published in your vehicle’s owner’s manual. Even if there is a customer service number, don’t waste time by calling, because a letter is required to document your lemon law case.

In some cases the manufacturers voluntarily buy your lemon back without any further action on your part. Otherwise you should hire an attorney or use the manufacturer’s arbitration program that is an informal alternative to a court trial widely used to settle disputes.

You can check whether the manufacturer has an arbitration program or not by looking in your owner’s manual or calling the state Consumer Affairs hotline. If you decide to use arbitration, call to ask for an application form and a copy of the arbitration program’s rules, to understand the process that will be used in deciding your lemon law case.

Gather all documents that can help prove your case, make copies and submit them to the arbitration panel. You will be given a hearing date within 40 days. You may accept or reject the program’s decision. If you accept the decision, the manufacturer is bound by the decision and has 30 days to comply. There is no appeal process for the manufacturer. If you lose in arbitration don’t be discouraged as you can go to court to sue for a replacement or refund.

In case the manufacturer doesn’t have an arbitration program, or you prefer to pursue your lemon law rights in court, you can file a lawsuit. In this case, you will need to hire an attorney specializing in lemon law. With an experienced lemon law attorney you will be able to obtain justice and get a full refund or replacement.

The California lemon law is to help car owners deal with car problems when they arise. When the new car does not perform as expected and you have no fault in it, then you deserve a car that was worth your money.

A new or leased vehicle is considered to be a lemon if it proves not to serve the purpose that it was intended for. The first thing you do is to take the lemon to be repaired so as to determine whether the problem is minor or major. CA lemon law works when there is a warranty so that you may prove everything you say.

If the car proves to be lemon, then you can file a California lemon law claim form to get a refund or replacement. You may also have all your repair expenses paid. So it is very important to keep all repair records so as to provide evidence if you reach a court of law.

The manufacturer is supposed to respond positively and you would hope that he is willing to cooperate, but you can never rely on them to give you a fair chance. You need to be ready to progress to the next step.

If you go through the whole legal process to seek compensation, make sure you have a good California lemon law attorney who can advise you on the best way forward.

CA Lemon Law states that the automobile purchaser is entitled to obtain a refund or replacement for a defective vehicle bought under warranty from manufacturer if the manufacturer has had reasonable opportunities for repairing the vehicle but those attempts have turned to be unsuccessful.

But the manufacturer may refuse refunding or replacing the defective vehicle. The California lemon law legal process obviously requires an attorney who is experienced in this field. Once you decide to file a lemon law case against the manufacturer you should provide your lemon law attorney with information concerning the vehicle, such as:

• The model of the vehicle
• The year of manufacture
• Current mileage
• Contact details of the dealer
• The purchase or lease date
• Warranty details
• Detailed problems list
• The number of repair attempts
• The number of days under repair

A good lemon law attorney will acquire either a replacement or a refund for the disputed vehicle and have the manufacturer cover the costs incurred by the consumer during the use and repair of the vehicle, as well as legal fees. The attorney must not charge for an initial consultation and evaluation of your case.

A competent lemon law attorney specializing in California lemon law will help you establish the validity of your lemon law claim and reach a successful resolution. In most cases, consumers prefer to get a refund for their defective vehicles including:

Purchase price

Price paid for the vehicle, including charges for transportation and options installed by the manufacturer, but not including charges for nonmanufacturer items installed by a dealer or the consumer.

Collateral charges

Official fees relating to the sale of the vehicle, including sales tax, license fees, and registration fees.

Incidental damages

Reasonable expenses relating to the vehicle problem for which the manufacturer is repurchasing the vehicle, including but not limited to the reasonable repair, rental car and towing costs, prepayment penalties, early termination charges and earned finance charges.

Attorney fees

A consumer who prevails in an action under Lemon law must be allowed by the court to recover costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the consumer in connection with the commencement and prosecution of the action.

Defective car repairs

The consumer is also entitled to recover repair costs. Repair orders and invoices are valuable documents for getting a full compensation for lemon car repairs.

The arbitration process is a relatively simple way of resolving disputes in the lemon law. Both you and the manufacturer agree to allow a neutral third party (an arbitrator) to decide whether a reasonable number of repair attempts has been made and how to resolve the problem.

The arbitration process has some advantages compared to court trials.

• It is free and faster.
• Decisions are made within 40 days after the program receives your application.
• An arbitrator may request an inspection and written report on your vehicle’s condition by an independent expert at no cost to you.
• You have the option to present your case orally. The oral presentation is open to the public, so you can bring a family member or friend for support.
• You can accept or reject the decision. If you accept it, the manufacturer must also accept it.
• If you reject the decision, you can still pursue your rights in court. However, before you decide to sue, you should consider consulting with a lemon law attorney.

Possible decisions in the arbitration process are made on a case-by-case basis and may include:

• An additional repair attempt; or
• Vehicle replacement; or
• A refund of the purchase price; or
• Reimbursement for incidental expenses; or
• No award.

If you are dissatisfied with the arbitration decision you can reject it and either file a court action against the manufacturer or after an additional warranty repair attempt re-file your arbitration case.