Some cars are unreliable from the start. You take the vehicle home from the dealership. Before you know it, you’re back because something has gone wrong with your new car. No matter what the dealership tells you about warranty repairs, the problem persists. Soon you realize that you’re spending way too much time trying to get your car repaired.
You may have a lemon on your hands. A lemon automobile is a motor vehicle found to have manufacturing issues that adversely affect its safety, value, or usefulness. In California, the Song-Beverly Consumer Warranty Act protects consumers who have purchased lemon automobiles.
Generally, a new car or used vehicle with the original warranty may qualify as a lemon in California if it has defects that have not been fixed after a reasonable number of repair attempts. In such cases, California law requires the vehicle’s manufacturer to replace it or buy it back if the consumer demands it.
Because of the potential cost to the manufacturer, there are several steps a consumer must take to prove their vehicle is a lemon. Owners of lemon vehicles can get help from the Lemon Law lawyers at The Barry Law Firm in Los Angeles, CA, which concentrates on California lemon law claims. Our lead attorney, David Barry, has been a consumer advocacy lawyer and has worked with the California Lemon Law since 2005. The Barry Law Firm has pursued thousands of successful lemon law claims at no cost to our clients. The law requires manufacturers to pay the legal fees in successful claims. Contact a California Lemon Law attorney for a free case evaluation.
What Substantial Defects Fall Under California Lemon Law
For a vehicle’s defect to make it a replaceable lemon, the car’s problem must be covered by the manufacturer’s original warranty. California’s Lemon Law is typically used in problems involving new cars. It also applies to problems with used and leased vehicles that still have the original warranty in effect.
Second, it must be a valid manufacturing defect. If the manufacturer can show that the vehicle’s problems are due to unauthorized or unreasonable use, a lemon law claim will be denied.
Third, the owner must allow the manufacturer a reasonable number of attempts to repair the vehicle.
A reasonable number of repair attempts may vary from one Lemon Law case to another, depending on whether the car has serious safety defects. If the vehicle defect poses a significant danger of serious bodily injury, two or more attempts to repair the problem are typically considered reasonable under the California Lemon Law. If the problems are less severe, manufacturers may be entitled to more than two attempts to repair defective vehicles.
The defect must substantially impair the vehicle’s use, value, or safety. Many potential problems could seriously damage a vehicle’s drivability or resale value or make it dangerous to drive.
Vehicle Problems Covered by California Lemon Law
You know what you are going through with your car or truck. If you have a new or used car with problems covered by the original warranty and the dealership has been unable to fix the problems in a reasonable number of repair attempts, your car may qualify as a lemon. The auto manufacturer should make things right for you.
The Barry Law Firm would like to help you if you are dealing with any of the following issues:
- Engine and transmission issues, such as slipping or skipping gears; abnormal shifting or difficulty shifting gears, such as a manual transmission that grinds when shifting; hesitant acceleration; repeated stalling; excessive oil consumption; a burning smell, which may indicate transmission fluid overheating; signs of leaking transmission fluid; shaking or bumping; buzzing, clunking or other abnormal noise.
- Electrical system malfunctions, such as weak or inconsistent electrical power, dimming lights, damaged diodes, faulty starter, wiring, faulty alternator, faulty fuses or fuse box, malfunctioning ignition coils, malfunctioning sensors, or onboard computer.
- Braking system defects, which may manifest as a soft or spongy brake pedal, poor braking, pulling to one side when braking, grinding or squealing noises when braking, vibrations when braking, or a burning smell.
- Steering and suspension problems experienced as a lag in steering, steering wheel vibrations, excessive bouncing or swaying, clunking noises, fast and uneven tire wear, a vehicle’s nose-diving forward, or a vehicle bottoming out when driving over bumps.
- Air conditioning and heating system issues, such as unresolved refrigerant leaks, faulty compressors, fans, blower motors, thermostats, and wiring problems.
- Safety system defects, such as malfunctioning airbags, seatbelts, door locks and latches, windshield wiper assemblies, rear camera display, lane departure warning system, forward-collision warning system, anti-lock braking system, automatic emergency braking, or traction control. There are many new vehicle safety features that are not yet standard but may be on your vehicle.
- Navigation and infotainment system issues, such as poor connectivity, dropped calls, screens that freeze, go black, or become unresponsive to touch, failure to respond to voice commands or responding incorrectly, and failures of GPS navigation.
Other issues may also qualify your vehicle as a lemon. For example, paint defects that cannot be resolved would decrease the vehicle’s value. On the other hand, normal wear and tear or minor cosmetic issues would not be covered under California’s Lemon Law.
If you have a persistent problem with a motor vehicle that is covered by the manufacturer’s warranty, you may have a right to pursue Lemon Law compensation. The attorneys at Barry Law Firm are available to review your situation during a free initial consultation. If we can pursue a Lemon Law claim, we’ll do it at no charge to you.
Do You Need to Consult a California Lemon Law Attorney?
A Lemon Law attorney can help you evaluate whether an unresolved problem with your vehicle substantially impairs its use, value, or safety is a judgment call.
We’ve pursued many lemon law claims involving cars of just about every make and model. We may have seen the exact defect you’re dealing with. Give us a call at 424-688-7632 in Los Angeles or fill out our contact form.
The Barry Law Firm can handle your California lemon law claim from start to finish. We can:
- Help you gather records of your car ownership, its problems, and your attempts to have it repaired:
- Purchase or lease agreement
- Vehicle registration
- Warranty
- Repair orders
- Correspondence with manufacturer or dealer.
- Help you notify the manufacturer of your problems with the vehicle and your intent to invoke your rights under California’s lemon law. This essentially gives the manufacturer one last attempt to fix your car.
- If the manufacturer does not resolve the issue in a final attempt, the Barry Law Firm can file a lemon law claim on your behalf. After filing a Lemon Law lawsuit for you, we will continue to negotiate with the manufacturer to settle your case. Most lawsuits are settled without a trial, often as the discovery process brings all the evidence to light. If our Lemon Law attorneys cannot obtain a fair settlement for you, we will be prepared to present a strong case for you in court.
For a Free Consultation, Contact us Today!
Contact The Barry Law Firm today if you are dealing with a defective vehicle that is still under warranty. We do not charge a penny to handle lemon law cases. California’s lemon law requires manufacturers to pay attorneys’ fees after a successful claim.
The Barry Law Firm helps consumers stand up to car dealers and manufacturers. Our mission is to seek the justice our clients deserve. Our experienced lemon law attorneys have helped thousands of frustrated consumers in California resolve their car problems.
The Barry Law Firm is here to help you! Call us now or reach out online for a free case review.