- The Barry Law Firm

If you have a problem vehicle that is constantly in and out of the shop for repairs, you may be able to pursue a California Lemon Law claim to recover money spent on your faulty car, truck, motorcycle, or RV.

Under California’s Lemon Law, a vehicle is a “lemon” if defects covered by the manufacturer’s original warranty cannot be fixed after a reasonable number of repair attempts by the manufacturer, typically through a manufacturer’s authorized dealership. The manufacturer may be required to buy back a vehicle that qualifies as a lemon.

There are several reasons a motor vehicle may prove defective, which may dictate what you must do to succeed. If you are dealing with a faulty car and are unsure about how to proceed, you should speak with an experienced California Lemon Law attorney about your rights.

At The Barry Law Firm, we have secured full compensation in Lemon Law claims for thousands of clients across California since 2010. If you have had enough of trying to get your faulty vehicle repaired, contact The Barry Law Firm in Los Angeles today. We do not charge fees for work on Lemon Law claims.

Types of California Lemon Law Cases

If a vehicle’s manufacturer cannot resolve a substantial defect in the car that is covered by the original manufacturer’s warranty after a reasonable number of repair attempts, the vehicle may be considered a lemon under California law. The owner or lessee has the right to demand that the manufacturer refund the purchase price plus associated taxes and fees spent on the vehicle.

A consumer might pursue a Lemon Law claim because of a defect that substantially impairs the vehicle’s use, value, or safety.

Use

Some issues affect the vehicle’s basic function as reliable transportation, typically meaning the car does not run or cannot be driven. For example, engine or transmission defects might make it impossible to drive the vehicle, such as:

Faulty alternators
Failing fuel pumps
Slipping transmissions
Electrical malfunctions
Fluid leaks
Loss of power
Engine problems

Safety

These are issues that pose a serious risk of injury or death to the vehicle’s driver or passengers. They may include:

Faulty steering systems
Faulty brakes
Defective tires
Faulty suspension systems
Compromised structural integrity
Faulty lights
Defective seatbelts
Malfunctioning airbags

Value

Issues significantly reducing a vehicle’s overall resale value may make it a lemon. Defects that negatively impact the vehicle’s use and safety would reduce its resale value, but additional problems may include:

Excessive paint defects
Body panel misalignments
Faulty power windows
Issues with the air conditioning or heating
Navigation system problems

However, it’s important to note that California’s Lemon Law protections do not apply to issues caused by aftermarket parts or modifications or the owner’s neglect, misuse, or abuse.

Types of Vehicles Covered Under Lemon Law

The California Lemon Law protects the following types of vehicles:

New or certified pre-owned vehicles purchased or leased for personal use by an individual, household, or family
Some commercial vehicles purchased or leased for business use
Dealer “demo” motor vehicles and other dealer-owned vehicles
Compact, mid-size, and full-size sedans and hatchbacks
Light trucks, such as pick-up trucks
SUVs
Vans and minivans
Motorcycles
RVs and motorhomes

Pursuing Compensation Through the California Lemon Law

In most cases, the owner of a faulty vehicle must file a lawsuit against the vehicle manufacturer to obtain legal relief they are due under California’s Lemon Law. A manufacturer who has failed after a reasonable number of attempts to service or repair a vehicle as required by an applicable written warranty may be compelled to compensate the vehicle owner or lessee.

A reasonable number of repairs can vary from case to case. For defects posing a significant danger, California Lemon Law typically considers two or more attempts to fix the problem as reasonable. However, manufacturers may be allowed more than two attempts to solve less severe issues. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.

Supporting a Lemon Law claim requires presenting documentation such as:

The vehicle’s purchase or lease contract
The manufacturer’s warranty
Car loan documents
Repair orders
Invoices for repair work performed
Evidence of the issue affecting your vehicle’s safety, use, or value
Records of payments on your loan, for the vehicle’s license and registration, for repairs, and for collateral costs, such as towing and alternative transportation
Letters, emails, and texts exchanged with the dealership or manufacturer

Most Lemon Law lawsuits seek an order for the manufacturer to repurchase the defective vehicle and pay the consumer’s additional costs of dealing with the vehicle and its problems. A full refund can include:

Down payment, previously paid monthly loan or lease payments, and the remaining balance of the car loan
Taxes and fees, including sales or use tax, license fees, and registration fees
Incidental costs, such as those paid for repairs, towing, rental cars, and alternative transportation needs
Attorney’s fees

The law allows the manufacturer to deduct a “usage fee” or “mileage offset” from the money reimbursed for a faulty vehicle’s purchase price. It is based on the miles driven before the first attempt to have work done on a problem that proved unrepairable.

A qualified California Lemon Law attorney from The Barry Law Firm can draft and file a lawsuit on your behalf. Most Lemon Law lawsuits are resolved through negotiation, but if the manufacturer will not offer a reasonable settlement, our attorneys are prepared to take your case to trial.

The Barry Law Firm will handle your Lemon Law claim for free. California law requires manufacturers to pay legal fees for consumers whose cases prevail in court, and we won’t ever charge you anything – regardless of your claim’s outcome.