Have you taken your vehicle to the dealership repeatedly and still have car problems? If you have purchased or leased a car in California and find yourself constantly at the dealership, you may be entitled to a refund or a replacement vehicle. The attorneys at Premier Justice Law have successfully helped countless consumers get their money back for their lemon vehicles. We understand how frustrating it is to spend money on a car that does not live up to your expectations. We also understand that taking your car to the dealership is valuable time wasted and a huge inconvenience.
What is the Lemon Law?
The California Lemon Law, or the Song Beverly Consumer Warranty Act, provides protection for consumer goods that are purchased or leased for personal, family or household use. The California lemon law can even apply to non vehicles such as motorcycles, motor homes, trucks, boats and home appliances. If your vehicle or consumer good is defective, the law provides that the manufacturer must replace the defective product or refund the buyer’s money. Depending on your case, you may also recover civil penalties from the manufacturer. The law allows for you to recover attorney’s fees from the manufacturer, which means there is no charge to you.
How Does a Vehicle qualify as a lemon?
The California lemon laws state that if a manufacturer or seller of a vehicle with a warranty is unable to repair the vehicle in a reasonable number of repair attempts, then the manufacturer must repurchase or replace the vehicle. The law also states that the manufacturer must pay for all incidental and consequential damages incurred by the consumer and pay for their reasonable attorney fees and costs.
Meaning, our fees are paid directly by the manufacturer and is entirely separate from your settlement amount. Reasonable number of attempts depends on the seriousness of the defects and it applies for the duration of the original warranty provided by the manufacturer. Further, the more the defect substantially affects the use, value or safety of the vehicle, the more serious the defect is.
The California lemon law says a car is presumed to be a lemon if one of the following occurs within the first 18 months or 18,000 miles after delivery of the vehicle:
- There have been two or more attempts to repair a serious safety defect
- There have been four or more attempts to repair the same reoccurring problem
- The vehicle has been in the shop for more than 30 days
If one of the following above is shown, the presumption is that your vehicle is defective and the burden shifts to the manufacturer to show that there is no defect in the vehicle.
What happens if my vehicle qualifies as a Lemon?
If your car qualifies as a lemon, you are entitled to a manufacturer’s buyback (refund) or a replacement vehicle.
The California Lemon statute created a formula for calculating a buyback. You are entitled to a refund of the money you paid into the vehicle (down payment + payments made), all incidental costs, loan payoff amount minus a mileage use deduction.
If you choose, you may have the manufacturer replace your vehicle with a similar vehicle to the one on your purchase contract.
All attorney fees are paid by the manufacturer in either situation.
The main objective of our lemon law attorneys is to assist individuals who have purchased or leased a defective vehicle or a consumer good. Our focus is to aggressively fight for each client to obtain refunds or replacements from the manufacturers. Our experienced attorneys will be there every step of the way, fight aggressively for you against manufacturers and dealerships, and ensure that you receive the justice you deserve. The lemon law requirements are very technical and an attorney is essential to protect your rights against large manufacturers. At Premier Justice Law, P.C., you will speak to an experienced attorney directly, so call immediately to find out more about your rights.
Frequently Asked Questions
Yes, the lemon law can apply to used vehicles as long as the warranty was in effect at the time of purchase.
Our attorneys will do a free evaluation of your case if you submit your purchase contract, all repair orders from the dealership and your registration.
As long as the problems started while the vehicle was under the original warranty, your car may still qualify. Talk to a lemon law attorney now to discuss your options.
The California lemon law allows civil penalties against the manufacturers if they intentionally violated the lemon law by willfully refusing to repurchase the vehicle. The law permits the amount of the civil penalty to be up to two (2) times the amount of actual damages.