These are vehicles that have repeated or unfixable problems that diminish its value or threaten the safety of its occupants.
So what is a lemon and how do I get a refund or replacement vehicle?
What Qualifies as a “Lemon”?
- Major or substantial defect covered by warranty terms
- Defect is not fixable after reasonable number or repair attempts
What is a Substantial Defect?
If your vehicle has a substantial defect that impairs the use of the car, reduces its value or creates a safety concern, it may qualify as a lemon under California law. The law is ambiguous about exactly what is considered a substantial defect so it is based on the specific facts or circumstances involving your vehicle. Obviously, a defect that could result in injuries or death would likely qualify, but even defective paint or disgusting odors have qualified as substantial under the law.
There is a specific time limit that the lemon law claim must be made.
Vehicle Owner Must Make Reasonable Repair Attempts
It is incumbent upon the owner of the vehicle to make reasonable attempts to get the vehicle repaired by the dealership or manufacturer, but after four attempts and sometimes less it is usually qualified.
Typically, if a vehicle owner makes two attempts to fix a serious defect and it is still not safe to drive, there will be grounds for a lemon lawsuit. On the other hand, the law requires four attempts to qualify if the defect is not a safety concern. Additionally, if the vehicle remains in the shop for more than 30 days in a one-year period, it will also qualify as a lemon.
Lemon Law Claims Help — Call 800-235-6801
Johnson Attorneys Group has helped thousands of clients resolve their lemon law cases and we can help you. Call us for a FREE CONSULTATION at 800-235-6801. Remember that our attorneys fees do not come out of your settlement because the manufacturer is required to pay them directly to us under California Lemon Laws.
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