California Lemon Law Lawyer Explained: When To Hire For Your Case

Oct 24

The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act, provides crucial protection for consumers who find themselves stuck with a defective vehicle. This legislation is designed to ensure that if you purchase or lease a car that turns out to be faulty, you have legal options to either get it repaired, replaced, or refunded. Understanding when to hire a lawyer can help ensure you get the compensation you deserve under this law. In this article, we’ll break down the essentials of the California Lemon Law and explain when it's necessary to seek legal representation for your case.

What is the California Lemon Law?

The California Lemon Law applies to both new and used vehicles that are purchased or leased with a warranty. If a vehicle has substantial defects that affect its safety, use, or value, and if the manufacturer or dealer fails to repair these issues after a reasonable number of attempts, the vehicle may be considered a “lemon.” In such cases, the consumer is entitled to either a refund or a replacement vehicle.

Criteria for a "Lemon"

To qualify as a lemon under California law, several criteria must be met:

The vehicle must have a significant defect covered by a warranty.
The defect must occur within the first 18 months of ownership or within 18,000 miles, whichever comes first.
The manufacturer or dealer must have made multiple unsuccessful attempts to repair the defect, typically four or more times.
If the defect is related to safety (such as faulty brakes or steering), the vehicle may be considered a lemon after just two failed repair attempts.

What Does the Lemon Law Cover?

The California Lemon Law covers various types of vehicles, including cars, trucks, motorcycles, RVs, and even some boats. It applies to both new and used vehicles, as long as they are purchased with a warranty. Additionally, the law covers leased vehicles, so even if you're not the owner but have a lease agreement, you're still protected. The law does not only cover mechanical defects but also extends to issues that affect the vehicle’s value and use.

When Should You Hire a Lawyer?

Although you are not required to have a lawyer to file a Lemon Law claim, hiring an attorney can significantly increase your chances of a successful outcome. Here are key situations where seeking legal help becomes essential.

Complex Cases

If your case involves more complicated circumstances, such as disputes over whether the vehicle qualifies as a lemon or if there is disagreement over the number of repair attempts, it may be time to consult a lawyer. Manufacturers often have legal teams dedicated to denying lemon law claims, and they may argue that your vehicle does not meet the necessary criteria. In such cases, having an experienced attorney on your side can help counter their defense and ensure your case is presented effectively.

Dealing with Manufacturer Pushback

Manufacturers may attempt to push back on your claim, offering low settlements or disputing the validity of your case. They may claim that the defect isn’t serious enough or that they haven’t had enough time to fix it. A lemon law lawyer knows how to navigate these situations and can push back against the manufacturer’s tactics to ensure that you receive the compensation or replacement you’re entitled to.

Disputes Over Reimbursement

When seeking a refund or replacement, manufacturers are responsible for covering certain costs, including the down payment, monthly payments, registration fees, and towing or repair costs. In some cases, manufacturers may offer to reimburse only a fraction of what you’ve paid, leading to disputes over the settlement amount. A skilled attorney will ensure that all relevant costs are included in your compensation package and that you are not left paying for a defective vehicle.

Expedited Resolution

A lawyer can help speed up the resolution process. Filing a claim under the California Lemon Law can be time-consuming, and the manufacturer may try to drag it out as long as possible. By hiring an attorney who specializes in lemon law cases, you can avoid unnecessary delays and expedite the process. Many lawyers work on a contingency basis, meaning they only get paid if you win, so they are motivated to resolve your case quickly and efficiently.

Protecting Your Legal Rights

The legal process involved in filing a lemon law claim can be complex. Many consumers may not be aware of the full scope of their rights under the law, including the specific deadlines for filing a claim and the documentation required. A lemon law attorney will guide you through the process, ensuring that your claim is filed correctly and that you have the necessary evidence to support your case.

The Manufacturer Fails to Honor the Warranty

In some cases, manufacturers may refuse to honor the warranty, even after several repair attempts. This is where legal expertise is invaluable. If you find yourself in a situation where the manufacturer denies your claim or refuses to take responsibility for the defective vehicle, it’s crucial to hire a lawyer who can hold them accountable. To find out more, follow the link.

What to Expect When You Hire a Lemon Law Attorney

When you hire a lemon law attorney, they will first review your case to determine if it qualifies under California law. They will need documentation such as repair records, warranty information, and any communication with the manufacturer or dealer regarding the defect.

Once your attorney takes on your case, they will handle all communication with the manufacturer or dealer. This includes filing the necessary paperwork, negotiating on your behalf, and, if necessary, representing you in court. Most lemon law cases are settled out of court, but if your case goes to trial, your attorney will fight for your rights in front of a judge.