CA Lemon Law Attorneys

The California Lemon Law covers vehicles sold with a warranty (typically brand new and certified pre-owned vehicles) that have a substantially impairing defect that cannot be repaired within a reasonable number of attempts.

While there is no set “reasonable number of attempts,” courts typically maintain that the consumer must give the dealership at least two separate, documented opportunities to repair the issue. Further guidelines state that those repair attempts take place within the first 18 months or 18,000 miles of ownership, all to ensure a dealership responds to the issue in a timely manner.

There is also a California Lemon Law Presumption that further protects consumers by establishing the following guidelines:

• The dealership or manufacturer has made four or more attempts to fix the problem and has yet to be successful in doing so.
• The issue is one that could cause serious injury or death if the vehicle is driven and the dealership or manufacturer has made at least two unsuccessful repair attempts.
• The vehicle has been with the dealership or manufacturer for repairs for at least 30 days (not necessarily in a row) for a warranty-covered issue.

Under this California law, the vehicle manufacturer or defendant, like the dealership, is required to pay the plaintiff’s (you, the consumer) attorney fees.

That means that when you pursue a Lemon Law case with help from our CA Consumer Law APC team, our services are free. Many other firms and Lemon Law attorneys near San Diego charge contingency fees but not us! We’re here to keep more money in the pockets of our clients.

Most people are unaware that California's Lemon Law applies to more than just cars. Many types of vehicles are protected, including:

• Trucks
• SUVS
• Vans
• RVs
• Motorcycles
• Boats

And a range of problems may be covered, like transmission fluid or oil leaks, harsh or jerky transmission, bubbling or peeling paint, and even abnormal noises. So who qualifies for a Lemon Law claim here in California? If:

• The faulty vehicle is still covered by the original manufacturer’s warranty (extended service contracts do not count)
• The issue impairs the use of the vehicle, significantly lowers its value, or poses a serious safety risk
• A reasonable number of unsuccessful repair attempts have been made
• Unauthorized use by the vehicle owner did not cause the issue

Then you likely qualify for a claim. In successful Lemon Law cases, the manufacturer or dealer must either “buy back” the vehicle, essentially refunding the consumer, or replace it.

The typical Lemon Law process in California looks something like this:

1. A consumer discovers a warranty-covered issue and takes the vehicle into the establishment that provided the warranty.
2. A documented attempt is made to fix the problem, but the issue cannot be repaired.
3. The consumer returns at other times, giving the establishment a “reasonable number of repair attempts” to fix the same issue, each time obtaining documentation.
4. The consumer gathers all relevant documentation, including copies of the purchase or lease agreement and every repair order, and contacts us for a free consultation.
5. We discuss the situation and Lemon Law eligibility and get to work should the consumer sign on as a CA Consumer Law APC client.
6. From here, the process can go many different ways; every situation is unique, and some require negotiations, settlements, or going to trial. We keep our clients informed every step of the way.

While getting started with a Lemon Law claim is easy, time is of the essence, as there is a statute of limitations. A consumer has four years from when they first experienced a documented warranty-covered problem to file a Lemon Law claim.

That's why it's imperative to reach out to our team as soon as possible. We offer free consultations and invite you to contact us at your earliest convenience to discuss your vehicle issues and Lemon Law eligibility.