When you buy a new car in California, in most cases, the purchase is final as soon as you sign the contract. There is no legally mandated “cooling off” period allowing you to cancel the purchase due to buyer’s remorse or similar reasons. A car dealership may have a return policy or offer a separately purchased cancellation option with new car sales, but this is not required.
However, you shouldn’t be stuck with a new car that turns out to be a lemon. Luckily, you can return a new car that has proven to be faulty under the provisions of California’s Lemon Law. If you meet the qualifications, a successful Lemon Law claim allows you to recover the vehicle’s purchase price along with your costs related to owning the lemon.
Is your new car a lemon? If it is, The Barry Law Firm in Los Angeles can help you demand that its manufacturer buy it back from you.
Our Lemon Law attorneys have helped thousands of California car buyers and lessees pursue successful Lemon Law claims. We focus our practice solely on Lemon Law cases and never charge clients for our services. California’s law requires auto manufacturers to pay consumers’ legal fees after successful Lemon Law claims, and you’ll never receive a bill from us – no matter the outcome of your case.
Contact The Barry Law Firm for a FAST & FREE consultation about seeking a refund through a Lemon Law claim.
How Do I Know If My New Car Is a Lemon?
California’s Lemon Law protects consumers who have purchased or leased new motor vehicles that have substantial defects that the manufacturer cannot repair. It allows the consumer to demand that the manufacturer buy back the faulty vehicle – a “lemon” – and refund money they have spent on it.
For your car to qualify as a lemon:
- The vehicle must have a defect that substantially impairs its safety, usability, or resale value.
- The defect must be covered by the manufacturer’s original express warranty as issued at the time of purchase or lease.
- The defect must be unresolved after allowing the vehicle’s manufacturer or an authorized service center a reasonable number of attempts to repair it.
What qualifies as a “reasonable number” of repair attempts under the California Lemon Law can vary from case to case. When the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable. The manufacturer may be entitled to more than two attempts to repair less severe problems. And in certain circumstances, a vehicle that is out of service for an inordinate amount of time may automatically qualify as a lemon.
If you aren’t sure if your vehicle qualifies as a lemon, a skilled attorney at The Barry Law Firm can help.
What Defects Can Make a New Car a Lemon?
Any warranty-covered defect that substantially affects a vehicle’s safety, use, or value could potentially make it a lemon. Some common issues that may warrant a Lemon Law claim if they can’t be repaired include:
- Engine problems
- Transmission failure
- Powertrain issues
- Steering system failures
- Suspension problems
- Electrical system malfunctions
- Infotainment/navigation system issues
- Safety system problems
- Loss of power
- Brake failure
- Oil leaks
- AC or heating issues
- Water leaks
- Extensive paint or body defects
What Money Can I Get Back by Returning a Lemon?
If your vehicle qualifies as a lemon, you can demand that the manufacturer buy it back from you and refund your money. In a successful California Lemon Law claim, you may recover:
- Purchase costs, including the down payment, monthly payments made, and the balance of your outstanding car loan
- Collateral costs, including sales or use tax, license and registration fees, and other government fees
- Incidental losses incurred because of your vehicle’s defect, such as for towing, alternative transportation, and attempted repairs
- Legal fees, which the auto manufacturer is required to pay after a successful claim
How to Return a Car to the Manufacturer
Obtaining a Lemon Law buyback is a complex legal process that auto manufacturers are ready to fight. You must prove that your vehicle has a significant problem that arose during the warranty period and has gone unresolved despite giving the manufacturer a reasonable number of opportunities to repair it.
To be successful, you’ll need to demonstrate what you have been through with documentation of your:
- Vehicle purchase or lease
- Manufacturer’s warranty
- Repair orders and invoices
- Correspondence with the manufacturer or their authorized dealership
- Costs to register and license the vehicle
- Spending due to your vehicle’s failure, such as for towing or a rental vehicle
Even with documentation of your vehicle’s status as a lemon, the manufacturer is likely to deny your claim. They may say your vehicle’s issues are not covered by the warranty or are not serious enough to warrant a buyback. Or they may claim that your vehicle’s issues are due to misuse, unauthorized repairs, or the installation of aftermarket parts.
An experienced attorney can help you document your complaint and take care of everything required by California’s Lemon Law to return your faulty vehicle for a refund. Your Lemon Law attorney from The Barry Law Firm can negotiate aggressively for maximum compensation for you. If the manufacturer does not offer an acceptable settlement, we will be prepared to present a persuasive case in court on your behalf. And we’ll handle your Lemon Law claim without ever charging you anything.
Contact The Barry Law Firm for All Your Lemon Queries
Contact The Barry Law Firm about the potential for returning a new car for a refund under the California Lemon Law. Our CA Lemon Law attorneys can assess your case, help you compile necessary documentation, and aggressively press your vehicle’s manufacturer to make restitution to you in a Lemon Law claim.
Call The Barry Law Firm in Los Angeles today or reach out online for FAST and FREE legal assistance.
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