California’s Lemon Law allows consumers to hold manufacturers accountable and recover money they have spent on a defective motor vehicle. If you have a vehicle purchased or leased in California with unrepairable warranty-covered problems, contact The Barry Law Firm today for a fast and free consultation about a Lemon Law refund.
Qualifying for a California Lemon Law Refund
Under California law, a vehicle is considered a lemon if the manufacturer cannot resolve a substantial defect covered by the original warranty after a reasonable number of repair attempts. The owner or lessee has the right to demand that the manufacturer buy the vehicle back and refund their related expenses.
A qualifying defect is one that substantially impairs the vehicle’s:
- Use, affecting the vehicle’s basic function as reliable transportation, or
- Value, diminishing the vehicle’s overall market value, or
- Safety, posing a serious risk of injury or death to the vehicle’s driver or passengers
The manufacturer is allowed a reasonable number of attempts to fix the problem, which will vary from case to case. California law typically allows two or more attempts if the defect poses a significant danger. For less severe issues, manufacturers may be allowed more than two attempts. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
Steps to Pursuing a California Lemon Law Refund
You may have to file a Lemon Law complaint against the vehicle manufacturer, which outlines your claim that the car is a lemon under the law, your evidence, and your request for legal relief. There are a few steps involved in the Lemon Law process to seek a refund.
Preparing for a Lemon Law Claim
If the manufacturer cannot resolve the problem, you will need to prepare to file a complaint. To support your claim, you’ll need to document multiple failed attempts to repair problems that were under warranty, as well as your costs because of the manufacturer’s inability to repair your vehicle. Such documentation may include:
- The vehicle’s purchase or lease contract
- The original manufacturer’s warranty
- Car loan documents
- Repair orders
- Invoices for repair work performed
- Cancelled checks or bank records of payments on your loan
- Receipts for the vehicle’s license and registration, repairs, and collateral costs, such as towing and alternative transportation
- Letters, emails, and texts exchanged with the dealership or manufacturer
Filing a Lawsuit
You’ll want a qualified California Lemon Law attorney to properly prepare and file your lawsuit. For example, if there are documents you cannot locate but the manufacturer or dealership should have, we can help you obtain them. An attorney can also arrange for expert witnesses to examine your vehicle and testify about its unresolved problems.
Negotiating a Settlement
Your Lemon Law attorney will attempt to negotiate a settlement with the manufacturer. If they won’t agree to a fair refund, your attorney will proceed with taking your case to court.
Going to Trial
At trial, each side presents its case and witnesses according to the rules of evidence. They are also allowed to cross-examine the other side’s witnesses. When both sides have completed their presentations, they each may present their closing arguments to the jury.
What a California Lemon Law Refund Can Include
When a consumer seeks a refund under California’s Lemon Law, they demand that the court order the manufacturer to repurchase the defective vehicle for the full purchase price and pay additional costs. A full refund from a successful Lemon Law claim includes:
- Down payment, previously paid monthly loan or lease payments, and the remaining balance of the car loan or lease
- Collateral charges, such as sales or use tax, license fees, registration fees, and other official fees
- Incidental costs, including reasonable repair, towing, rental car, and public transportation costs
- Attorney’s fees
The manufacturer may deduct a “usage fee” or “mileage offset” from the amount they reimburse the consumer for the car’s purchase price. It is based on the miles driven before the first attempt to have an unrepairable problem corrected. An attorney will help you determine how much you may be owed for your Lemon Law refund.
What Can a Lemon Law Attorney Do for You?
There’s no reason for you to take on the burden of researching the law, battling a car manufacturer’s representatives, and pursuing a lawsuit under the California Lemon Law on your own. The Barry Law Firm focuses exclusively on California Lemon Law cases and has helped thousands of consumers hold manufacturers accountable. We can help you demand all of your money back if you have been sold a defective vehicle, and you will never see a bill from us.
Contact our respected California Lemon Law firm and we will:
- Listen as you explain what you have done so far to try to have your vehicle repaired
- Go over the documentation you have and what you will need to obtain
- Make the process as convenient as possible for you, allowing you to submit all documentation virtually instead of traveling to our office
- Collect additional evidence, consult with experts, and prepare and file a Lemon Law complaint against the manufacturer on your behalf
- Aggressively negotiate with the manufacturer for a full settlement for you
- Take a strong and persuasive case to trial, if necessary
- Never accept a dime from you for our legal services
A Lemon Law claim may be settled through negotiations at any time before a trial jury returns its verdict. If we can negotiate a settlement before going to trial, this saves time and puts the agreed-upon compensation in your hands sooner. We will advise you of all reasonable settlement offers, and whether to settle will always be your decision.
The Barry Law Firm will work to calculate all of your costs and losses so that we may maximize your recovery. Plus, California’s Lemon Law requires vehicle manufacturers to pay the consumer’s legal fees as part of a successful claim, and we do not charge for the legal work we provide to car owners or lessees – no matter the outcome.
Contact Us Today About Your California Lemon Law Claim
The Barry Law Firm in Los Angeles can help you seek the maximum amount of compensation available to you under California’s Lemon Law if your vehicle has unrepairable defects covered by the manufacturer’s original warranty. Contact us today for a fast and free, no-obligation consultation about pursuing all of the money you have paid for a faulty motor vehicle.
