Anyone might buy a new car in California that turns out to be a lemon. Fortunately, California has enacted laws to help consumers who get stuck with cars that have unrepairable problems.
A motor vehicle under its original manufacturer’s warranty with one or more unresolvable manufacturing issues adversely affecting its safety, value, or utility is a lemon. The Song-Beverly Consumer Warranty Act, known as California’s Lemon Law, protects consumers if they have purchased or leased a defective motor vehicle. Under the law, the consumer may compel the vehicle’s manufacturer to buy back the vehicle. The manufacturer may also be ordered to pay the consumer’s related expenses, such as towing fees, rental car costs, and other reasonable expenses related to the lemon vehicle.
At The Barry Law Firm, our Lemon Law attorneys have pursued thousands of successful Lemon Law claims. Our law firm focuses solely on California Lemon Law cases. The owner of The Barry Law Firm, David Barry, has been a consumer advocacy lawyer since 2005.
Lemon vehicle owners can get help from The Barry Law Firm in Los Angeles, CA, at no cost. California’s Lemon Law requires auto manufacturers to pay the consumer’s legal fees in successful claims. Contact us about your headache vehicle today.
What Is the California Lemon Law?
The California Lemon Law (Civ. Code, § 1793.2 et seq.) says a vehicle is defective if, after a reasonable number of repair attempts, mechanics cannot resolve a problem that:
- Is covered by the manufacturer’s warranty,
- Substantially impairs the use, value, or safety of the vehicle, and
- Is not caused by unreasonable use of the vehicle after its sale.
The CA Lemon Law applies to problems with motor vehicles of all kinds — passenger cars and trucks, vans, SUVs, and recreational vehicles — if the problems occurred under warranty.
A reasonable number of repair attempts can vary from claim to claim. If the defect poses a significant danger, under the California Lemon Law, two or more attempts to fix the problem are typically considered reasonable. Manufacturers may be entitled to more than two attempts to fix a problem that is less severe. If a vehicle has been in the shop for an inordinate amount of time, it may automatically be considered a lemon.
Defects that may fall under Lemon Law protection include:
- Engine problems
- Transmission problems
- Electrical problems
- Brake problems
- Steering problems
- Fuel system problems
- Heating and AC problems
- Infotainment system issues
Compensation Options Under California Lemon Law
At the Barry Law Firm, we’ll seek the maximum Lemon Law payout of compensation for damaged cars available in California Lemon Law cases.
In a California Lemon Law claim, you may seek:
- A Full Refund: In a Lemon Law buyback, the manufacturer is required to refund the purchase price of the vehicle minus a reasonable amount for mileage since the purchase date. The consumer may also recover their collateral costs, such as sales or use taxes, license fees, registration fees, and other official fees.
- Reimbursement of Expenses: A successful Lemon Law claim can also recover incidental costs, such as repairs, towing, and rental car costs.
- Civil Penalties: In certain circumstances, the California law also allows a car owner to recover a civil penalty if they can prove the car manufacturer willfully violated some aspect of the California Lemon Law.
Calculating Lemon Law Compensation
When the compensation for a Lemon Law claim is calculated, the law allows the manufacturer to reduce the buyback payment by an amount “directly attributable to use by the buyer” before the buyer first sought repair of the vehicle’s covered problem. This is known as the “mileage offset” or “usage fee” and has a specific formula.
The mileage offset is determined by multiplying the actual price of the vehicle, including transportation and manufacturer-installed options, by the vehicle’s mileage prior to repairs divided by 120,000 (the denominator), a figure specified by statute and which represents the expected mileage life of a late model vehicle. Our specialists at The Barry Law Firm will help you determine the mileage offset during your free consultation.
Keep in mind that the price of any non-manufacturer parts or modifications installed by a dealer or the buyer would not be included in the car owner’s refundable costs.
The law requires the vehicle manufacturer to pay all of your legal fees if your claim is successful, including:
- Attorneys’ fees
- Court filing fees
- Expert witness fees.
The Lemon Law Claim Process in California
Our California Lemon Law attorneys at The Barry Law Firm can help you pursue a legal Lemon Law claim in California. We will take care of what’s required at each step in the Lemon Law claims process. Further, you will have the skill of one of California’s most successful Lemon Law firms behind you.
The Barry Law Firm can help you gather records proving you bought or leased the vehicle and documents detailing its problems and your attempts to have the vehicle repaired, such as:
- Purchase or lease agreement
- Vehicle registration
- Manufacturer’s warranty
- Repair orders
- Correspondence with dealership and/or manufacturer.
If the manufacturer fails again to resolve the vehicle’s issues, we will file a Lemon Law claim for you.
After filing a lawsuit for you, we will continue negotiating with the manufacturer to try to reach a Lemon Law settlement. Our attorneys are skilled negotiators, and most lawsuits are settled outside of court, often after the discovery process brings each side’s evidence to light. If the manufacturer refuses to offer an acceptable settlement, The Barry Law Firm will present a strong case for you in court.
Benefits of Working with a California Lemon Law Attorney
If you have a repair issue with your motor vehicle despite multiple repair attempts to have the dealership resolve it while it was under warranty, The Barry Law Firm in Los Angeles can help you. We focus our legal practice exclusively on California Lemon Law cases. We have resolved thousands of cases and have worked with car owners who were facing the same issues you are.
If your case qualifies, The Barry Law Firm will file a complaint to force your vehicle’s manufacturer to buy it back from you and to pay your associated costs. If the manufacturer refuses to do the right thing, our firm will be prepared to take your case to court.
We will pursue a lawsuit on your behalf to demand relief under California’s Lemon Law. The Barry Law Firm will negotiate aggressively to settle your claim. If the manufacturer will not offer you an acceptable monetary settlement, we will be ready to take a persuasive case to trial for you.
As a client of The Barry Law Firm, you will never see a bill for our legal services. Instead, when we hold manufacturers accountable under California’s Lemon Law, which requires them to pay our costs and attorney fees.
Contact a California Damaged Lemon Car Attorney Today
Contact The Barry Law Firm in Los Angeles, CA, for a free consultation about a potential Lemon Law case. If you have a faulty vehicle that developed problems covered by the manufacturer’s warranty, you may have recourse. The California Lemon Law provides you with rights and protections.
The Barry Law Firm focuses solely on Lemon Law cases in California. We can help you seek the maximum compensation available to you under the law.
Don’t wait any longer! Call us or contact an experienced Lemon Law attorney today for a FAST and FREE consultation about the legal options available to you.