The California lemon law is based on the legal principle of “breach of warranty.” This means that when a manufacturer or dealer sells a product, they are usually making a legally binding promise that the product will meet certain standards. If the product does not legally meet those standards, the consumer could potentially be entitled to a refund or replacement.
California Lemon Law Information
The California lemon law most commonly applies to vehicles that have been purchased or leased in the state. If a vehicle has a defect that affects its “safety, value, or use,” and the manufacturer or dealer is unable to repair it after a reasonable number of attempts, the consumer may be entitled to a refund or replacement.
If you think you may have a lemon on your hands, don’t hesitate to contact an experienced attorney who can help you better understand the legal process and think about the compensation you deserve.
We recommend speaking with a lawyer immediately.
The Lemon Law Rules
In general, under the California lemon law, if a new vehicle has a defect that substantially impairs its use, value or safety, and the manufacturer can’t fix the problem after a reasonable number of attempts, the manufacturer must typically either replace the vehicle or refund the purchase price. There are also important time deadlines for taking action under the lemon law. So if you think you have a lemon, don’t delay in seeking legal help.
Basics of Requirements
To qualify for protection under the lemon law, you must usually meet the following requirements:
- 1. The vehicle must have been purchased or leased from a dealership.
- 2. The vehicle must be used primarily for personal, family or household purposes.
- 3. The defect must substantially impair the use, value or safety of the vehicle.
- 4. The defect must not have been caused by abuse, neglect or modification of the vehicle by the consumer.
- 5. The dealer must have been given a reasonable opportunity to repair the defect(s).
However, there are a lot of important nuances and changes constantly happening to these laws. An experienced lawyer can help you navigate the complex legal process and maximize your chances of success.
What’s A Buyback?
If you’ve purchased a lemon in California, you may be eligible for a buyback under the state’s lemon law.
The law provides protection for consumers who buy or lease vehicles that turn out to be lemons.
Under the law, if your vehicle has a substantial defect that can’t be fixed after a reasonable number of attempts, the manufacturer might have to buy back the vehicle from you.
Replacement Vehicle
If your vehicle is found to be a lemon, you might have the right to a replacement vehicle.
A replacement vehicle is a new vehicle that is identical or reasonably equivalent to the lemon vehicle in terms of make, model, and equipment. The replacement vehicle must also be free of any defects that contributed to the lemon designation.
Cash And Keep Settlement
In a cash and keep settlement, the automobile company pays you a settlement for your car troubles while you continue your possession of the vehicle. You typically must still continue making all your payments and usually return the plan according to your original contract.
One advantage of keeping your car is that you don’t have to go through the hassle of finding a new one. You also don’t have to worry about whether the cash settlement will cover the cost of a new car – if you keep your current car, you know exactly how much it will cost to keep it on the road.
Top Attorneys
If you’re looking for a passionate lemon law attorney who will fight for your rights, you’ve come to the right place. At our law firm, we believe that every consumer has the right to a safe and reliable product. When manufacturers fail to live up to the standards of the law, we love to hold them accountable.
Our team of experienced attorneys has a proven track record of success in pursuing lemon law claims. We know the ins and outs of the law and how to build a strong case on our client’s behalf. We’re not afraid to take on big automobile manufacturers and fight for the compensation you deserve.
If you’ve been stuck with a lemon, don’t hesitate to contact us. We’ll review your case and let you know if we can help. There’s no risk or obligation, so call us today!
New Cars And Some Used Cars
First, while the Lemon Law generally applies to new cars, there are some used cars that may also be covered.
Second, it is important to keep copies of all paperwork related to the purchase and maintenance of the car. This will be important if you need to file a claim under the Lemon Law.
Lastly, you will need to show that you have tried unsuccessfully to fix the problem with the car.
If you think you may have a case for a lemon law used car, it is important to speak with an experienced attorney who can help you navigate the process and fight for your rights.
We can speak to you regardless of the type of car you have. For example, Acura Alfa Romeo Audi BMW Buick Cadillac Chevrolet Chrysler Dodge Fiat Ford GMC Honda Hyundai Infiniti Jaguar Jeep Kia Land Rover Lexus Toyota Tesla Mercedes Benz and more.
Certified Pre Owned
Certified pre owned cars can sometimes qualify under the lemon law, but new cars are even easier cases.
This is because it is easier to prove that a defect existed at the time of delivery when the car is brand new.
When the car has been previously owned, they might try to blame it on the previous owner.
You must be very careful. Sometimes the used car has been a lemon in the past, has been salvaged in a car accident, or has other problems.
What’s A Demand Letter?
If you’re seeking relief under your state’s lemon law, one possible option is to send a demand letter to the manufacturer of your defective vehicle. This letter should outline your problem, what you’ve done to try and fix it, and what you’re requesting from the manufacturer.
Most demand letters will give the manufacturer a certain amount of time to respond or take action, and if they don’t, another legal option might be to file a lemon law lawsuit.
We recommend that you hire an attorney to assist you with this entire process. In some cases, demand letters to manufacturers may be effective in getting the manufacturer to take action. In other cases, they may not be effective. Ultimately, it depends on the specific situation and the manufacturer’s response. Having a powerful attorney on your side will likely strengthen your legal claim.
Motorcycles
Motorcycles are usually covered under the California lemon law if they meet certain criteria, such as being purchased or leased from a licensed dealer, being used primarily for personal, family, or household purposes, and having a defect that substantially impairs the use, value, or safety of the motorcycle. If your motorcycle meets these criteria and is found to be a lemon, you may be entitled to a replacement vehicle or a refund of your purchase price.
Mileage Offset Deduction Calculation
When automobile manufacturers calculate the lemon law negotiations, they often deduct a portion for the amount of time before you got your first repair visit. They most likely are using a special buyback formula. This is calculated by getting the number of miles your car had during your first repair, divided by the specific number 120,000, and then that answer is multiplied by your car cash price value.
California Lemon Law Phone Number
If your new car isn’t living up to your expectations, you may be entitled to relief under California’s Lemon Law. Don’t wait to get the process started – call our friendly and aggressive CA Lemon Law lawyers today at (888) 777-7079 for a free consultation. We’ll evaluate your case and let you know if we can help legally represent you in a case against the automobile manufacturer. Before we can sign up your case, we need to both sign a formal written retainer agreement.
Statue of Limitations Time Limit
A statute of limitations is a law that establishes a time period during which certain legal actions must be taken. After the expiration of this time period, the right to take these actions is lost.
If you think your car may be a lemon, it’s important to act quickly.
Lemon Attorney Jimmy Hanaie
Attorney Jimmy Hanaie has been a lawyer since 2013. He went to UC Hastings college of the law school. He is dedicated to helping individuals and their families in consumer rights and personal injury cases.
Whatever car or truck or SUV you have we would love to speak to you.