California has one of the nation’s strongest Lemon Law protections for consumers who have purchased or leased faulty motor vehicles. If you have a lemon car, the law allows you to demand that the manufacturer buy it back from you and pay other costs associated with owning the lemon.
If you have a new vehicle that constantly needs repairs or has other significant flaws, you may wonder what makes a car a lemon. You must meet rules and qualifications to take advantage of California’s Lemon Law and deal with car manufacturers who, as you may expect, don’t want to buy back your vehicle.
At The Barry Law Firm in Los Angeles, CA, we help car owners exercise their rights under California’s Lemon Law. It has been the sole focus of our legal practice since 2010. Our team has helped thousands of clients get rid of their problem lemon cars and recover their costs through vehicle buybacks. We can help you demand a refund for your lemon, too – and we will do it at no charge to you. California’s lemon car law requires vehicle manufacturers to pay consumers’ attorney fees and costs after successful claims. And at The Barry Law Firm, we will never bill you, no matter the outcome of your case.
Are you tired of dealing with a problem car and going round and round with a manufacturer that can’t or won’t make repairs? Let a California lemon car lawyer from The Barry Law Firm take care of this headache for you. Contact us today for a FAST and FREE consultation about how we can help you.
What Is a Lemon Car?
Under California law, a vehicle is considered a lemon if it has a substantial defect covered by the manufacturer’s original warranty that impairs its use, value, or safety. The defect must persist despite a reasonable number of repair attempts by the manufacturer (typically through an authorized dealership).
But what does it mean when a car is a lemon? If you have a lemon car, the law gives you the right to demand that the manufacturer buy the faulty vehicle back from you. This means they must refund the purchase price plus other costs of vehicle ownership and incidental expenses you’ve had because of the vehicle’s failure. The California Lemon Law also requires the manufacturer to pay all attorney fees and costs.
How Does a Car Qualify for the Lemon Law in California?
To qualify as a lemon, a vehicle must meet three main standards:
- The vehicle must have a significant defect that substantially impairs its:
- Use, affecting the vehicle’s basic function as reliable transportation,
- Value, diminishing the vehicle’s overall resale value, or
- Safety, posing a serious risk of injury or death to the vehicle’s driver or passengers.
- The defect must be covered by the manufacturer’s original written warranty as issued at the time of purchase or lease.
- The defect must persist despite giving the vehicle’s manufacturer a reasonable number of attempts to resolve it.
In most cases, a lemon car must have also been purchased or leased in California to qualify under the state’s law.
Common Signs Your Car Might Be a Lemon
Multiple issues might lead a car owner to seek a Lemon Law vehicle buyback. You may have a lemon car if you are dealing with:
- Engine or transmission problems – A lemon may stall, jerk, or totally break down due to engine or transmission issues. Odd smells and sounds or a “check engine” light may indicate a major problem.
- Electrical system failures – Your vehicle’s lights might dim, flicker, or fail. Or windows, locks, or the infotainment system may not work as they should. This may be due to electrical problems that make the vehicle a lemon. Dimming lights may indicate a failing alternator or battery. Loose wiring or an electrical short can cause the loss of brakes, steering, or airbags – or it could even start a fire.
- Climate control system issues – A car could also qualify as a lemon if its air conditioning or heating doesn’t run properly. Repeated failure of a vehicle’s climate control system substantially impairs its resale value as well as its usability.
- Safety feature failures – Airbags, brakes, and seat belts are all critical parts that provide needed protection to vehicle occupants. When they don’t work correctly, the car’s safety is compromised.
- Paint and other body issues – Extensive paint flaws, rust, or surface defects in body panels or windows reduce a vehicle’s value. Doors that don’t fully close and other flaws in the vehicle’s interior or exterior may also qualify the vehicle as a lemon car.
Understanding California’s Lemon Law
California’s Song-Beverly Consumer Warranty Act is one of the country’s strongest consumer protection laws. It says a consumer may demand the manufacturer to buy back lemon vehicles.
For your vehicle to qualify as a lemon car, you need to be sure that:
- You bought or leased it in California. This is not required of members of the U.S. armed services who are stationed or residing in California.
- The unrepaired issue is or was covered by the original manufacturer’s warranty. If the warranty has expired, you must have initially attempted to have the car repaired while it was still under the warranty period.
- The defect significantly impairs your vehicle’s use, value, or safety. The law does not cover issues caused by the owner’s neglect, misuse, or abuse of the vehicle or unauthorized repair, after-market parts, or vehicle alterations.
- The manufacturer has had a reasonable opportunity to repair the issue. What’s considered a reasonable number of repairs will depend on your specific case.
California’s Lemon Law allows a consumer to ask the court to order the manufacturer to repurchase their lemon car for the purchase price plus additional costs the consumer has had to bear. A buyback refund may include:
- Down payment, previously paid monthly loan or lease payments, and the remaining balance of the car loan
- Collateral charges, such as sales or use tax, license fees, registration fees, and other official fees
- Incidental costs, including reasonable repair, towing, and rental car or other alternative transportation costs
- Attorney’s fees and costs
Because not all issues are precisely spelled out in the law, it is good to have experienced legal representation if you are considering a Lemon Law claim. Remember, your vehicle’s manufacturer has lawyers on staff whose job is to fight Lemon Law claims. You’ll want your own advocate to push back against their tactics and protect your rights throughout the legal process.
What You Should Do If You Suspect You Have a Lemon Car
If you believe your vehicle qualifies as a lemon car under California’s Lemon Law, you should review your vehicle’s warranty to verify that it covers the issue you have been unable to repair. Next, you need to document your ownership, multiple repair attempts, costs, and losses.
To prepare for a claim, gather these records:
- Purchase or lease agreement
- Loan documentation
- Vehicle registration
- Manufacturer’s original warranty
- Repair orders
- Receipts, bank statements, or credit card records of collateral and incidental costs
- Correspondence with the manufacturer or authorized dealership
- Any other available documentation or records related to the problem
You should also take your vehicle to the manufacturer or their authorized dealership for repairs as soon as you start having an issue. The law requires that you give the manufacturer a reasonable number of attempts to fix your car.
What is considered a reasonable number of repairs can vary from case to case. If the defect poses a significant danger, California Lemon Law typically allows two or more attempts to fix the problem. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
Then, you should contact The Barry Law Firm about pursuing a lemon car buyback claim. We can explain your options under California’s Lemon Law and help you move toward a solution.
How Can a California Lemon Law Attorney Help You?
At The Barry Law Firm, our California lemon car lawyers focus solely on getting consumers full refunds for their defective vehicles. Whether you purchased or leased your vehicle, our firm is here to help you understand and exercise your rights under California law if you have been stuck with a lemon car.
We will help you assemble the relevant documents and represent you during all proceedings required of a claim to ensure that your rights are protected. Often, we can negotiate a fair settlement for our clients, before going to trial. But we will be prepared to take a strong case to trial on your behalf if necessary. We’ll manage all the details of your Lemon Law claim from start to finish – all at no cost to you.
Contact The Barry Law Firm in Los Angeles, CA, for a FAST and FREE, no-obligation legal consultation about trying to get your money back through a Lemon Law claim.
