You leased a car for the usual advantages over buying: Thanks to a lower down payment and monthly payments, it’s a nicer car than you could afford to purchase, and there are no worries about resale value when the lease is up. But now, your nice new car is in the shop more than it’s on the road.
What are your options when your leased car turns out to be a lemon? Is there a Lemon Law for leased cars in California?
Yes, the California Lemon Law – or officially the Song-Beverly Consumer Warranty Act of 1970 – protects Californians who have purchased or leased defective vehicles or “lemons” by requiring manufacturers to replace or buy back vehicles that have serious problems that begin while the cars are under contract. Vehicles are considered lemons if they have defects that impair the safety or performance of the vehicle or that have not been fixed after a “reasonable number of attempts” to repair them while the vehicle is under warranty.
At The Barry Law Firm, we focus exclusively on pursuing California Lemon Law claims. Our California Lemon Law lawyers know the law inside and out, and we have a long track record of holding large auto manufacturers accountable. Contact us today about getting a replacement for your leased vehicle or a refund of your money under California’s Lemon Law. We do not charge any fees to handle Lemon Law claims. Instead, as the law allows, we make vehicle manufacturers pay all of our costs and fees. This post explains how the Lemon Law applies to leased cars in California.
Qualifying Your Leased Car as a Lemon
Is your leased vehicle a lemon under California law? Here’s what you need to be able to prove:
- It was leased in California.
- The problem, or defect, substantially impairs the car’s safety, performance, or value or the defect has not been corrected despite a reasonable number of repair attempts.
- The defect is covered by the manufacturer’s new car warranty.
- The defect was not caused by unreasonable use of the vehicle.
What is a “reasonable” number of repair attempts under California’s Lemon Law? California’s Lemon Law Presumption says a reasonable number of repair attempts is:
- Two or more attempts to repair a defect that could result in death or serious injury.
- Four or more attempts to repair a defect that is not life-threatening.
- Repair work that has required the vehicle to be in a repair shop for more than 30 days due to any problem covered by its warranty. The 30+ days do not have to be consecutive.
Does your leased vehicle qualify? If so, you should gather your records and speak with a lawyer from The Barry Law Firm about pursuing a Lemon Law claim.
The documents you’ll need include:
- Lease agreement
- Vehicle warranty
- Repair orders
- Current registration
- Any other documentation or records related to the problem.
Steps to File a Lemon Law Claim for a Leased Car
Before you file a claim, you should try to work with the dealer to do whatever can be done to repair the vehicle. If they can’t fix the problem, you may have a case under the Lemon Law.
Assuming the car manufacturer does not meet your demands, your next step would be to file a lawsuit. But if you file a lawsuit on your own, it will be your responsibility to make sure that you understand how the California Lemon Law applies to your case, that the text of your lawsuit is accurate, complete, and properly constructed, and that you correctly follow court procedures at every step as the lawsuit progresses.
Instead, an experienced attorney from The Barry Law Firm can file a California Lemon Law claim against a car manufacturer on your behalf, make sure that the court has the documents it needs to understand and rule properly on your claim and keep you up to date as the process moves forward.
Remedies for Lemon Law for Leased Cars in California
There are multiple demands you may make in a California Lemon Law lawsuit pertaining to a defective leased vehicle. They include:
- Vehicle Replacement: The manufacturer may be required to provide you with a new vehicle of the same make and model or a similar one.
- Vehicle Costs: The manufacturer may be required to refund all of the money you have spent on lease payments, including the down payment and any sales tax, collateral fees, etc., and anything you have paid for ineffective vehicle repair work.
- Incidental Costs: You may be entitled to compensation for incidental expenses, such as towing charges and rental car costs.
- Legal fees: If the manufacturer loses the lawsuit, it will be required to pay your legal fees. If the manufacturer does not lose and is not ordered to pay your legal fees, The Barry Law Firm will not charge you a fee.
Does Lemon Law apply to all types of leased cars?
Yes. The law does not make a distinction as to the make or model of the vehicle. In addition to meeting the definition of defective, or a “lemon,” the car must be leased in California, and the defect must be under warranty.
Contact Our California Lemon Law Attorneys About a Faulty Leased Vehicle
California’s Lemon Law offers strong protection for consumers who have leased or purchased a car that is under warranty but turns out to be defective. However, making things right still requires a legal claim in most cases, which makes it important to consult a Lemon Law attorney. The Barry Law Firm has dedicated its legal practice solely to California Lemon Law claims and can help you recover losses you have suffered because of a defective vehicle you have leased.
The Barry Law Firm will handle your California Lemon Law claim at no cost to you. That’s right: if we win your claim, the car manufacturer must pay your legal fees. If we don’t win, we will not charge you a legal fee.
The Barry Law Firm is Available 24/7
Contact The Barry Law Firm today and quit bumping heads with the dealership or the manufacturer about a vehicle that cannot be fixed. We’ll manage your claim from start to finish. All you have to do is give us your paperwork and let us take care of the rest. Call us at 424-688-9516 for a call back within 24 hours or reach out online. Schedule your FREE consultation now!
