You may feel like you have a big problem on your hands if your car dealership cannot fix your new car. But if your vehicle has a significant issue that’s covered by the manufacturer’s original warranty, this is a problem that the car’s manufacturer has the responsibility to make right.
After you have given a California auto dealership a reasonable number of opportunities to repair a significant warranty-covered problem, you have legal options if the problem has not been resolved. You may be able to demand that the manufacturer buy the vehicle back from you under the requirements of California’s Lemon Law. A buyback could include a refund of your purchase or lease price, plus additional costs associated with owning a faulty motor vehicle.
If your vehicle qualifies as a lemon, the experienced California Lemon Law attorneys at The Barry Law Firm in Los Angeles can guide you through the complex process required to pursue the compensation you are due. And because the California Lemon Law requires manufacturers to pay your attorney’s fees with a successful claim, we’ll handle your case at no charge to you – no matter the outcome of your case.
Our firm has focused exclusively on Lemon Law cases since 2010 and has a strong track record of holding auto manufacturers accountable when their vehicles have proven to be faulty. Contact The Barry Law Firm now for a FAST & FREE legal consultation.
The Requirements of a Lemon
A car under warranty that cannot be fixed may be a lemon. A car owner or lessee whose vehicle is a lemon may demand that the manufacturer buy back the faulty vehicle.
California’s Lemon Law says a car qualifies as a lemon if:
- It has a defect that substantially impairs its use, value, or safety.
- The defect is covered by the manufacturer’s original warranty.
- The vehicle’s manufacturer or an authorized service center has been allowed a reasonable number of attempts to repair the defect.
What Are New Car Warranties Meant to Provide?
There are a few warranties that may come with your new car, including:
- Express warranty – A typical auto manufacturer’s new car warranty promises repair or replacement of certain vehicle systems and parts without charge for a specified timeframe or until a certain number of miles have been put on the vehicle. Manufacturers routinely provide these “express warranties” with the sale or lease of a new vehicle.
- Comprehensive warranty – A bumper-to-bumper warranty, also known as a “comprehensive warranty,” covers most of a vehicle’s components. However, it excludes routine maintenance needs, such as oil changes, and items that regularly wear out, like brake pads and tires.
- Powertrain warranty – A powertrain warranty covers the essential components that propel the vehicle, including its engine and drivetrain — the transmission, driveshaft, axles, and wheels.
- Emissions warranty – Manufacturers are also required to provide an emissions warranty with new cars to insure specific parts related to the vehicle’s emissions system.
When it comes to a Lemon Law claim, the express warranty is the key to using the protections provided under California law. To qualify as a lemon, the vehicle’s express warranty must cover the issue and still be valid – or have been valid when the issue started.
What Happens If Your Car Under Warranty Cannot Be Fixed?
In addition to providing a new car warranty, California law requires auto manufacturers to maintain facilities that can make repairs promised under their warranties reasonably close to where their vehicles are sold. Otherwise, a manufacturer may authorize local independent repair or service facilities to do warrantied work.
In other words, auto manufacturers have to make the work that their warranties promise reasonably available to you. And when you request service or repair work under warranty, they must start and finish it within a reasonable time.
If the manufacturer’s repair work doesn’t resolve a substantial warranty-covered problem after a reasonable number of attempts, California’s Lemon Law says that the buyer may choose to have the manufacturer “make restitution” to them. This restitution may include a buyback, which should cover:
- The purchase or lease price of the defective vehicle
- Any collateral charges, such as sales or use tax, license fees, registration fees, and other official fees
- Any reasonable costs incurred for repair, towing, and rental cars because of the vehicle’s failure
- The consumer’s legal costs
My Car Cannot Be Fixed — Now What?
Before a car owner can file a Lemon Law claim, they must give the manufacturer a reasonable number of attempts to repair the car under the terms of the express warranty. What qualifies as a “reasonable number” of repair attempts can vary from case to case. If the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable under the California Lemon Law. For less severe problems, the manufacturer may be entitled to more than two attempts. In certain circumstances, a vehicle that is out of service for an inordinate amount of time may automatically qualify as a lemon.
To pursue a claim, you’ll need to document your repeated attempts to have your vehicle repaired. You should compile all service orders, invoices, and receipts from repair work done on the vehicle. Keep track of all repair attempts, your communications with the dealership, and any out-of-pocket costs related to your vehicle’s problem.
You should also speak to a Lemon Law attorney. Pursuing a California Lemon Law claim is a complex, multi-step legal process that your vehicle’s manufacturer will likely fight. A lawyer experienced with California’s Lemon Law can help you navigate the buyback process correctly and protect your rights to claim compensation you are due. The team at The Barry Law Firm will handle the entire process for you, free of charge. An initial consultation with an attorney is free, and you’ll never see a bill from us, no matter the outcome of your case.
Need Support? Contact a Lemon Law Attorney at The Barry Law Firm
If your new car has a substantial defect covered by the manufacturer’s express warranty that the dealership has failed to repair after several attempts, contact The Barry Law Firm about the potential for pursuing a Lemon Law claim. Our California Lemon Law lawyers can aggressively pursue restitution from the manufacturer to you for your lemon vehicle – and we won’t charge you anything.
The Barry Law Firm has obtained justice for thousands of owners of faulty motor vehicles from across California. We’re here to help you, too! Call The Barry Law Firm or reach out online today for your FAST & FREE legal consultation.
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