WHAT TO DO WHEN YOUR NEW CAR IS A LEMON: A CALIFORNIA PERSPECTIVE

What to Do When Your New Car is a Lemon: A California Perspective

What to Do When Your New Car is a Lemon: A California Perspective

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Understanding California's Lemon Law

California's Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease new vehicles that turn out to be defective. This law ensures that if a car cannot be repaired after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the buyer. California Lemon Law lawyers are well-versed in these regulations and can guide you through the process of making a claim.

To qualify under California's Lemon Law, the vehicle must have substantial defects that affect its use, value, or safety. These defects must arise within a certain period or mileage, typically within 18 months or 18,000 miles of purchase, whichever comes first. Additionally, the manufacturer must be given a reasonable number of attempts to fix the problem. Generally, this means at least two attempts for severe safety defects or four attempts for other issues, or if the car has been out of service for more than 30 days due to repairs.

Steps to Take If Your Car is a Lemon


  1. Document Everything: Keep detailed records of all repairs, including dates, descriptions of the problems, and any communication with the dealership or manufacturer. This documentation is crucial when filing a claim under the Lemon Law.

  2. Notify the Manufacturer: Inform the manufacturer in writing about the issues you are experiencing. This notification serves as formal evidence that the manufacturer was made aware of the defects and given an opportunity to resolve them.

  3. Request a Replacement or Refund: If the manufacturer cannot fix the defects after a reasonable number of attempts, formally request a replacement vehicle or a refund. A California Lemon Law attorney can assist you in drafting this request to ensure it meets all legal requirements.


Filing a Lemon Law Claim in California

If the manufacturer refuses to provide a satisfactory resolution, you may need to file a Lemon Law claim. Here are the steps involved:

  1. Consult with a California Lemon Law Lawyer: An experienced attorney can evaluate your case, help gather necessary documentation, and advise you on the best course of action.

  2. File a Complaint with the Manufacturer: This formal complaint should outline the defects, the repair attempts, and your request for a remedy. Your attorney can help ensure this complaint is comprehensive and legally sound.

  3. Mediation or Arbitration: Many Lemon Law cases are resolved through mediation or arbitration, rather than going to court. These alternative dispute resolution methods can be quicker and less costly. However, it's essential to have legal representation during these processes to protect your interests.

  4. Litigation: If mediation or arbitration fails, you may need to file a lawsuit. A knowledgeable California Lemon Law lawyer will represent you in court, presenting evidence and arguing on your behalf to obtain a favorable outcome.


Working with a Lemon Law Attorney

Hiring a California Lemon Law attorney is crucial to navigating the complexities of Lemon Law claims. An attorney will:

  • Evaluate Your Case: Determine if your vehicle qualifies as a lemon under California law.

  • Handle Communications: Manage all correspondence with the manufacturer and dealership.

  • Negotiate on Your Behalf: Aim to reach a fair settlement without the need for litigation.

  • Represent You in Court: If necessary, present a strong case to secure a replacement vehicle or a refund.


Potential Outcomes of a Lemon Law Claim

When pursuing a Lemon Law claim, there are several possible outcomes:

  1. Vehicle Replacement: The manufacturer may agree to replace your defective vehicle with a new one of similar make and model.

  2. Refund: You may receive a refund for the purchase price of the vehicle, minus a reasonable amount for the use of the car before the defects were reported.

  3. Cash Settlement: In some cases, the manufacturer may offer a cash settlement to compensate for the defects and repair costs, allowing you to keep the vehicle.

  4. Attorney Fees: California's Lemon Law requires the manufacturer to pay your attorney fees if you win the case, meaning you can pursue your claim without worrying about legal costs.


Preventing Lemon Car Issues

While it's impossible to guarantee that you won't end up with a lemon, there are steps you can take to minimize the risk:

  • Research Before You Buy: Check reviews, reliability ratings, and recall information for the make and model you're considering.

  • Inspect the Vehicle: Have a trusted mechanic inspect the car before finalizing the purchase.

  • Understand the Warranty: Familiarize yourself with the terms of the manufacturer's warranty and what it covers.

  • Keep Records: Maintain detailed records of all maintenance and repairs from the moment you take ownership of the vehicle.


If you suspect your new car is a lemon, don't wait. Schedule a free initial consultation with our experienced California Lemon Law attorneys by contacting us at 619-235-0137. We are here to help you get the resolution you deserve.

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