So you believe you are the owner of a California lemon, but you are not sure if your vehicle qualifies under the protection by the California Lemon Law.
Under conditions provided in The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790), a consumer is protected if they lease or buy a new motor vehicle if certain conditions are met.
To qualify as a lemon, the California car owner is required to prove there are repeated problems that have adversely affected the value, safety or use of their vehicle. These California lemon laws protect the owners of newly purchased or leased vehicles whether they are for personal or business use.
Additionally, the state’s lemon laws cover used vehicles if they were purchased while still covered under the original new car warranty.
The state lemon law claim can be made after the car’s owner or lessee has made a reasonable number of attempts to repair the vehicle. So what’s a reasonable number of repairs?
- If it’s the same or similar problem, California law says at least four attempted repairs is reasonable.
- However, if the problem relates to a life-threatening safety issue, there need be only be on or two repair attempts made.
- Additionally, if the car owner has been without their vehicle for a cumulative total of 30 days within the first 18 months or 18,000 miles (whichever occurs first).
- There can be other scenarios not described here that could qualify.
Any of these above scenarios could qualify your car as a lemon under California Lemon Laws if the vehicle is still not repaired after taking it to an authorized dealer. Keep in mind that the law is a guide and not an absolute rule. A judge or arbitrator could determine your vehicle qualifies even if the above conditions are not completely the same.
Also, some car owners believe they have to first go through arbitration, but this is not true. In fact, it could hurt your potential lemon law case if you do so it’s best to contact a professional Lemon Law Attorney immediately.
Remember, there is a 4-year statute of limitations under the Song-Beverly Consumer Warranty Act so it’s important to act immediately if you believe you have a claim.
California Lemon Law Lawyers — Johnson Attorneys Group — 800-235-6801
Does any of this sound like the situation you are dealing with? The Lemon Law offices of Johnson Attorneys Group is one of California’s finest law firms specializing in California Lemon Law. Our years of dedicated service on behalf of our clients has rendered us a 98.7 percent success rate in the cases we accept.
- FREE consultation to find out if you qualify
- Manufacturer pays attorney’s fees in most cases
- Highly experienced Lemon Law Attorney
What documents do Lemon Law Attorneys need?
- Lease contract or purchase agreement
- Repair receipts/documents
- DMV registration
- Payoff amount of loan or lease
Will I Get Back the Full Price I Paid for My California Lemon?
The manufacturer is required under California Lemon Laws to return the full amount a consumer pays for the car including factory-installed items and transportation costs, but not for additional items installed by the dealership. Additionally, the reimbursement will include sales tax or use tax, license, registration and other official fees.
Other costs included are rental car, repair fees, finance charges and towing. The car owner will be charged a nominal amount of money for their usage of the vehicle based on a formula approved by the state.
For example, if the car owner put 6,000 miles on the vehicle, the usage would be 5 percent of the purchase price or based on a $20,000 car it would be $1,000 or on a $30,000 car it would be $1,500. This would be taken out of the refunded purchase price.
Ultimately, it’s the consumer who is the one who decides whether they want to receive a replacement vehicle or a refund for their vehicle.
What Can a California Lemon Law Attorney Do to Help You?
Johnson Attorneys Group is qualified to help you with your potential Lemon Law case. Our attorneys will negotiate with the manufacturer to get them to buy back your vehicle or replace it. We have offices throughout California to serve you. Call us anytime at 800-235-6801.
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