If you’ve bought or leased a new car that has constant problems, you’re probably wondering what your options are. While the federal law protects consumers nationwide, California has one of the strongest Lemon Laws in the country. The Barry Law Firm focuses exclusively on California Lemon Law claims and can help you pursue yours. Call us now or reach out online for a FAST & FREE case evaluation to determine whether you have a California Lemon Law claim.
The California Lemon Law
California’s Lemon Law is part of the Song-Beverly Consumer Warranty Act. This law protects consumers who buy or lease new motor vehicles that turn out to have serious defects under the manufacturer’s original warranty.
To qualify under the California Lemon Law, your vehicle must:
- Have a substantial defect that affects its use, safety, or value
- Be covered by the manufacturer’s original warranty
- Show signs of the defect while the warranty is active
- Be purchased or leased in California (with exceptions for military members)
- Be taken to the authorized dealership a reasonable number of times to repair the issue
What counts as a “reasonable number of repair attempts” depends on the defect. If the problem is dangerous, two or more attempts may be enough. If it’s less severe, more than two attempts might be required. In some cases, the vehicle may also qualify as a lemon if it has been in the shop for an inordinate amount of time.
If your car qualifies, the manufacturer may be required to buy back the faulty vehicle and refund you for what you have spent on the lemon, including:
- The purchase or lease price
- Collateral charges like taxes, registration, and license fees
- Incidental costs for repairs, towing, rentals, and other related expenses
- Attorney’s fees and legal costs
An attorney from The Barry Law Firm can evaluate your claim and explain whether your car qualifies under the law.
The Federal Lemon Law – Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law covering warranties on consumer products. The law provides nationwide protection for anyone who buys defective products, as long as those products come with a written warranty. This statute is often referred to as the “federal Lemon Law.”
The federal Magnuson-Moss Lemon Law applies to vehicles, as well as consumer products ranging from appliances to electronics. When it comes to cars, it can be a fallback option when state Lemon Laws don’t apply or don’t go far enough.
To file a claim under the federal Lemon Law, the vehicle must:
- Be covered by a written warranty
- Have a defect that the manufacturer has not successfully repaired after a reasonable number of attempts
- Be used primarily for personal or household purposes
The federal law allows the consumer to recover the cost of the product, repair expenses, and attorneys’ fees in a successful claim.
The Differences Between Them
While California’s Lemon Law and the Magnuson-Moss Warranty Act share similar goals, they differ in a few crucial ways:
- Scope of protection – California’s Lemon Law covers only vehicles that are bought or leased in the state. In contrast, federal law applies nationwide.
- Level of protection – California’s law offers more specific and robust protections for vehicle owners, including clearly defined buyback remedies. The Magnuson-Moss Act is broader but doesn’t offer the same level of targeted relief for auto consumers.
- Compensation – Under California law, the consumer may recover a buyback for their purchase or lease price and related losses. Under federal law, the remedy can depend on the specific circumstances and the court’s discretion.
- Legal process – California claims are typically handled under state law and procedures. Federal Lemon Law claims may involve litigation in federal court. They can often take longer.
- Time limits – Federal Lemon Law claims generally have a four-year statute of limitations. In California, things are more complex. You must file a lawsuit before the statute of limitations expires, so don’t hesitate to contact a Lemon Law attorney to make sure you don’t miss any deadlines.
What You Should Do If You Believe Your Car Is a Lemon
If your vehicle has a warranty-covered defect that started under the manufacturer’s original warranty period and the manufacturer has been unable to fix it after a reasonable number of repair attempts, you may have a valid California Lemon Law claim. However, acting quickly and keeping detailed records is the key to a successful claim.
Start by collecting these documents:
- Your purchase or lease agreement
- The original vehicle warranty documents
- All repair orders and invoices from the authorized dealership
- Any records showing how long your vehicle was out of service
Even if you don’t have all of this information, the dealership should. The Barry Law Firm can help you obtain and assemble any documents the manufacturer or their authorized dealership has.
Next, contact a lawyer. The Barry Law Firm has been exclusively practicing California Lemon Law since 2010, giving us extensive knowledge and insight into our state’s strong protections for consumers. Our team can compile all the evidence and documentation we need to build a solid claim on your behalf. We’ll be prepared to aggressively advocate for you at the negotiating table or represent you in court, if necessary.
We know how to hold big manufacturers accountable. Let us handle all the communication, paperwork, and deadlines for you – all at no cost to you.
Talk to a California Lemon Lawyer Today
If your car qualifies as a lemon under California or federal law, you deserve to be compensated. Both legal systems offer valuable protections – but California’s Lemon Law is one of the strongest in the country. The Barry Law Firm focuses exclusively on California Lemon Law claims. We’ve helped thousands of frustrated California drivers recover buybacks and move on from defective vehicles.
Under California’s Lemon Law, the manufacturer must pay all legal fees after a successful claim, so you’ll never get a bill from us. We never charge our clients for our services, even if your case isn’t successful.
Call The Barry Law Firm now or contact us online for a FAST & FREE case evaluation to discuss how we can help with your California Lemon Law claim.
