What Is a Manufacturer’s Auto Repair Obligation Under the California Lemon Law?

California has a Lemon Law that protects consumers who have bought or leased faulty motor vehicles. It revolves around the warranty auto manufacturers provide with new car purchases or leases. Under the law, a vehicle manufacturer may be required to buy back a vehicle if they cannot repair a defect covered by the manufacturer’s original warranty that substantially impairs the vehicle’s use, value, or safety.

If you have purchased a vehicle that repeatedly requires repair work, it is important for you to understand what California’s Lemon Law requires from your vehicle’s manufacturer. And if your car proves to be a lemon under the terms of California law, The Barry Law Firm can help you take advantage of the protections the Lemon Law offers you.

The Barry Law Firm of Los Angeles, CA, has focused exclusively on Lemon Law cases since 2010. We have a strong track record of holding auto manufacturers accountable when their vehicles are faulty. If you have a vehicle purchased or leased in California that has defied repairs, contact our experienced California Lemon Law experts from The Barry Law Firm now for a fast and free legal consultation.

What Is a Lemon, and How Does the Lemon Law Work?

Under California’s Lemon Law, a “lemon” is a motor vehicle that continues to have one or more problems covered by the manufacturer’s original warranty that negatively impact its safety, use, or value. The issues must continue despite a reasonable number of repair attempts.

The law requires manufacturers to buy back faulty vehicles if their continuing problems began while they were under the original warranty. The manufacturer must also compensate the consumer for any expenses they had to pay because of the defective vehicle, such as repair and towing costs.

What Are the Manufacturer’s Obligations?

Under California law, all motor vehicles are sold with an “implied warranty.” This means simply that the manufacturer guarantees that the car will function as expected, though the seller may not explicitly say so.

Auto manufacturers also routinely provide “express warranties” at the time of sale. These documents state what repairs the manufacturer will make without charge and what conditions apply to that promise. The conditions are typically a time frame or a maximum mileage accrued by the vehicle.

California law requires auto manufacturers who issue express warranties to:

• Write warranties in simple and readily understood language that complies with the federal Magnuson-Moss Warranty-Federal Trade Commission Improvements Act, which provides additional protections against unfair warranty practices
• Maintain service and repair facilities that can carry out the terms of warranties reasonably close to where their vehicles are sold or designate local independent repair or service facilities to carry out the terms of the manufacturer’s warranties
• Begin service and repair work under warranty within a reasonable time following the buyer’s request and complete it within 30 days, unless the buyer agrees in writing to another schedule
• Promptly make restitution to the buyer if the manufacturer or its representative is unable to service or repair a covered motor vehicle as required by the applicable express warranties after a reasonable number of attemptsRestitution should include:
• The price of the vehicle, including the loan balance, any down payments, and subsequent monthly payments
• Any collateral charges, such as sales or use tax, license fees, registration fees, and other official fees
• Any incidental damages the buyer paid, including reasonable repair, towing, and rental car costs
• Legal fees

How Do You Pursue a Lemon Law Claim?

When California manufacturers cannot or will not uphold their auto repair obligations, they can be held accountable under the state’s Lemon Law. To pursue a Lemon Law claim in California, you must first meet certain requirements. The covered issue must have started while the manufacturer’s original warranty was still valid.

You must also allow the manufacturer a “reasonable number” of attempts to repair the vehicle. If the defect poses a significant danger, California courts typically consider two or more attempts to fix the problem to be a reasonable number of opportunities. Allowing the manufacturer to make more than two attempts to repair the problem may be necessary for less severe issues. In some cases, if your vehicle is out of service for an inordinate amount of time, it may qualify as a lemon.

If these repair attempts fail, the consumer may then file a claim asking the courts to enforce the Lemon Law and compel the car manufacturer to refund what they have spent to purchase or lease the faulty vehicle. This process isn’t easy, though. You’ll want to enlist the help of an experienced and dedicated California Lemon Law attorney who can handle your claim for you.

Is Documentation Needed When Dealing with the Manufacturers?

Lemon Law claims are document-intensive or “paper” cases. A successful Lemon Law claim will primarily be based on a series of dated documents that establish:

• The vehicle buyer’s multiple futile attempts to have their car repaired
• When the warranty-covered issue started
• The vehicle buyer’s reports of continued problems
• The dealership’s responses to the buyer
• A timeline of repair attempts, including how long the vehicle was in the manufacturer’s garage and when it was unsafe to drive or unavailable to the buyer
• The costs associated with the faulty vehicle

To support your claim and recover full compensation, you will need to compile documentation such as:

• The vehicle’s purchase or lease contract
• The manufacturer’s express warranty
• Car loan documents
• Repair orders
• Invoices for repair work performed
• Maintenance records
• Letters, emails, and texts exchanged with the dealership or manufacturer
• Records of payments on your loan, for the vehicle’s license and registration, for repairs, and for incidental damages, such as towing and alternative transportation

How a California Lemon Law Attorney Can Help You

You’ll need a qualified California Lemon Law attorney to properly draft and file your legal claim and perform additional work to build a strong case. We can help you:

• Determine whether you have a valid claim: The Barry Law Firm can work with you to determine whether you have a valid Lemon Law claim.
• Meet all Lemon Law requirements: If you engage us to handle your claim, we can ensure that you follow the manufacturer’s and the law’s requirements for pursuing relief.
• Follow all court procedures: When you file your Lemon Law lawsuit with a court, you must follow court procedures. We can draft the appropriate filings and ensure the court has the necessary documents.
• Calculate losses: We’ll document the full extent of your recoverable losses to ensure your lawsuit covers all the compensation you are entitled to.
• Develop a solid claim: We can also help you assemble the documentation needed to prove your claim and, if necessary, enlist expert witnesses to examine your vehicle and testify about its unresolved problems.
• Demand full compensation: As your case proceeds, we will aggressively negotiate for full compensation in all settlement discussions. Most claims can be settled through negotiations, which is faster than going to court. However, we will be prepared to present a strong and persuasive case for you in court if needed.

California’s Lemon Law requires vehicle manufacturers to pay the buyer’s legal fees as part of a successful claim, so we will not charge you to represent you. We will help you pursue and uphold your rights according to your vehicle manufacturer’s warranty and California’s Lemon Law at no cost to you – no matter the outcome of your case.

Call Today for a Free Consultation!

You have rights if you have bought or leased a defective motor vehicle in California, including what the vehicle manufacturer’s warranty requires. The Barry Law Firm can help you stand up to car dealers and manufacturers. We’ll help you demand the maximum compensation available to you under California’s Lemon Law if your vehicle has unrepairable defects covered by the manufacturer’s original warranty. But you may have limited time to act before your warranty expires.

Contact us today for a fast & free legal consultation with a California Lemon Law expert. Remember, we do not charge to handle Lemon Law cases, and you will never get a bill from us.