When you buy a new car in California, it should come with a written warranty from the manufacturer. This warranty guarantees certain repairs to the vehicle without charge if they are needed within a specified period of time or before a certain number of miles are put on the car. A new car warranty may require you to obtain repairs it covers from one of the vehicle manufacturer’s authorized dealerships.
But what happens when the authorized dealership can’t fix an issue that is covered by the manufacturer’s original warranty? Under California’s Lemon Law, you can demand that the manufacturer buy back a vehicle with a substantial warranty-covered defect that cannot be fixed after a reasonable number of repair attempts.
However, vehicle manufacturers in California often refuse to accept valid Lemon Law claims. A California Lemon Law attorney from The Barry Law Firm can help you exercise your rights if your car’s manufacturer will not provide you with the restitution you deserve under the law. If your vehicle qualifies as a lemon, we will demand that the manufacturer buy it back and refund the money you have poured into it. And because the manufacturer is required to pay your legal costs with a successful claim, we’ll handle your case at no cost to you – no matter the outcome of your case.
Contact The Barry Law Firm in Los Angeles, CA, today for your FAST & FREE legal consultation if your vehicle’s manufacturer is not meeting their obligations under their warranty.
Know Your Lemon Law Rights
California’s Lemon Law states that manufacturers must provide service and repairs as required under warranties within a reasonable time. If your car’s manufacturer cannot repair a substantial defect that is covered by the manufacturer’s original warranty despite a reasonable number of attempts, the vehicle may be considered a lemon. You have the right to demand that the manufacturer of a lemon vehicle buy it back from you.
In a Lemon Law buyback, you can demand that the manufacturer compensate you for your:
- Purchase or lease price, including the down payment, monthly payments made, and the remaining balance of any outstanding car loan
- Collateral costs, including sales or use taxes, license fees, registration fees, and other official fees
- Incidental costs of the vehicle’s failure, including repairs, towing, and alternative transportation (e.g., public transportation, ridesharing, rentals)
- Attorneys’ fees and court costs, which the California Lemon Law says shall be awarded in a successful claim
In certain circumstances, a car owner may also recover a civil penalty if they can prove the manufacturer willfully violated the California Lemon Law. This penalty might apply if the manufacturer intentionally refused to honor your Lemon Law claim despite knowing it was valid.
If the manufacturer refuses to provide restitution for a lemon as promised under California’s Lemon Law, this is a violation of your rights. An experienced Lemon Law attorney at The Barry Law Firm can help you hold them accountable.
When Your Warranty-Covered Issue May Warrant a Lemon Law Claim
Under California law, a motor vehicle may be considered a lemon if:
- It has a significant defect that substantially impacts the vehicle’s safety, use, or value.
- The issue is covered by the manufacturer’s original warranty.
- The warranty is still in effect – or was in effect when you first tried to get the issue fixed.
- The issue has not been resolved despite a reasonable number of repair attempts by the vehicle’s manufacturer – typically through an authorized dealership.
What’s considered a “reasonable number” of repair attempts to qualify a car as a lemon can vary from case to case. If the defect poses a significant danger, California Lemon Law typically considers two or more attempts to fix the problem as reasonable. If the problem is less severe, the manufacturer may be entitled to more than two attempts. In certain circumstances, a vehicle that is out of service for an inordinate amount of time may automatically qualify as a lemon.
The Barry Law Firm can help you determine whether the problem you are dealing with qualifies your vehicle as a lemon. If it does, we can help you pursue a Lemon Law claim.
Common Excuses Manufacturers Make for Rejecting Lemon Law Claims
Your vehicle’s manufacturer knows what California’s Lemon Law requires of them, but they have lawyers on staff to help them avoid their costly responsibilities. Their response to your Lemon Law claim may be that:
- Your vehicle’s warranty does not cover the defect you have cited.
- You have done something to void your warranty.
- Your vehicle’s problems were caused by unauthorized repair work or aftermarket parts.
- Your neglect or abuse of your vehicle is the source of its problems.
- The defect does not substantially impair your vehicle’s use, value, or safety.
- They can’t replicate the defect to establish that it exists.
In other cases, your vehicle’s manufacturer might offer you a settlement that sounds good but does not include all that you deserve. An experienced California Lemon Law attorney can help you fight back against these underhanded tactics and demand the compensation you are owed.
What to Do When Your Manufacturer Refuses Your Rights
If your car has repeatedly been in and out of the authorized dealership’s service center and still has not been repaired, you may be able to file a Lemon Law claim. But pursuing a California Lemon Law claim is no simple task. In most cases, the owner of a defective vehicle must file a lawsuit against the manufacturer to obtain the legal relief they are due under California’s Lemon Law.
To support your Lemon Law case, 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. Gather all your documents that establish:
- The manufacturer’s obligations to you, such as the vehicle’s sale or lease contract and warranty
- Your repeated attempts to have your vehicle repaired, including repair orders and invoices
- What the dealership and manufacturer have done to help or hinder you, which may be documented in all the correspondence you have with the manufacturer and their authorized dealership
- What this ordeal has cost you, which may include receipts and statements for repairs, towing, alternative transportation, and anything else you have spent because of your vehicle’s problems
You should also contact a Lemon Law attorney as soon as possible. If you have already presented evidence of your lemon to the manufacturer and they refuse to provide an acceptable solution, you’ll want a lawyer to take over the Lemon Law claims process for you. A Lemon Law lawyer can determine if you have a valid claim and start working to hold your vehicle’s manufacturer accountable. You may have limited time to act, though, so don’t hesitate to reach out to ensure you don’t miss any deadlines.
A Lemon Law Attorney Will Fight for Your Rights
Once your vehicle’s manufacturer knows you have a skilled attorney on your side, they are more likely to take your claim seriously. The experienced Lemon Law attorneys from The Barry Law Firm can prepare and manage your claim from start to finish – at no cost to you. We’ll help you assemble everything to document what you’ve been through and the full extent of your costs and losses. Our attorneys will file your claim correctly and before any deadlines and handle all communications with the auto manufacturer and their attorneys.
In most cases, we can obtain a proper settlement through aggressive negotiations before even going to trial. But if it’s necessary, we will be prepared to take a solid case to court on your behalf.
Don’t keep going in circles with an auto manufacturer who refuses to uphold their obligations under the law. Let The Barry Law Firm take over and demand that they make things right and pay you what you deserve. And remember – you’ll never see a bill from us, no matter the outcome of your case.
Contact The Barry Law Firm Today
If you are getting nowhere after too many attempts to have your faulty motor vehicle repaired under its warranty, let our experienced California Lemon Law attorneys help you. At The Barry Law Firm, our practice has focused solely on Lemon Law claims since 2010. In that time, we have recovered Lemon Law buybacks for thousands of unhappy car owners and lessees from across California. Let us help you, too.
If the manufacturer won’t honor your car’s warranty and you think your vehicle is a lemon, you have rights! Call or reach out online today for a FAST & FREE consultation.
