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What Are The Rights Of Consumers Under California Lemon Law?

No one thinks they will end up with a defective vehicle. Automakers have processes and quality assurance protocols in place to make sure every vehicle that leaves the factory is flawless. But no company is perfect.

Lemon law – formally known as the Magnuson-Moss Consumer Warranty Act – was enacted in 1975 to hold auto manufacturers accountable for selling and leasing defective automobiles. This law exists across the United States, however, each state has separate regulations.

California has some of the most consumer-friendly lemon laws in the United States. In this post, we will discuss how California consumers can seek justice after being sold/leased a defective vehicle.

Let’s get into it.

What is California Lemon Law?

California lemon law – known as the Song-Beverly Consumer Warranty Act – provides a set list of qualifications a vehicle must meet to qualify for a claim. If a vehicle meets the state’s qualifications, they may pursue a buyback or replacement of the defective vehicle.

A buyback includes:

  • Reimbursement for the defective vehicle (minus a mileage offset)
  • Reimbursement for sales tax and all official costs associated with the vehicle
  • Reimbursement for all incidental costs (towing fees, cab fares, hotel stays, etc.)
  • Coverage of all attorney fees and court costs.

A replacement involves the manufacturer providing a different vehicle of the same model or value. Unlike a buyback, the manufacturer is not required to provide a replacement. Both the consumer and manufacturer must agree to this.

What Qualifies a Vehicle as a “Lemon” in California?

In the state of California, a vehicle must meet the following criteria to be ruled a lemon:

  • The vehicle was covered under the dealership’s or manufacturer’s warranty when the defect was reported to the manufacturer; and
  • The defect is substantial in that it impairs the vehicle’s safety, functionality, or value; and
  • The manufacturer’s certified repair facility has been given a reasonable number of attempts to fix the defect (usually at least two); or
  • The vehicle has been out of service for repairs for 30 or more cumulative days; and
  • The defect was not a result of neglect or driver error.

You will need to collect documentation to prove your defective vehicle meets these qualifications. This documentation includes (but is not limited to): repair orders, invoices, receipts, and communication with the manufacturer. All of this information is provided to your California lemon law lawyer to begin building the claim.

Consumer Rights Under California Lemon Law for New Vehicles

Consumers are granted lemon law rights in California with any defective vehicle sold or leased with a manufacturer warranty – assuming it meets the qualifications listed above.

The defect must be reported to the manufacturer’s representatives within the specified terms. Even if the warranty expires while the vehicle is in the shop for repairs, the consumer may still file a lemon law claim.

Most manufacturer warranties are valid for three years or before 36,000 miles accrue on the odometer. However, this varies from brand to brand.

Consumer Rights Under California Lemon Law for Used Vehicles

California is one of the few states that extends lemon law rights to used vehicles.

Used car dealerships in California are required to specify if the vehicle is sold with a dealership warranty or an “as is” agreement. Most dealership warranties are good for 30 days or before 1,000 miles accrue on the odometer. If there is a defect – and the vehicle meets the qualifications of California lemon law – within the terms of the dealer warranty, the vehicle may be legally processed like a new vehicle.

On the other hand, an “as is” agreement means there is no warranty in place – and no coverage in terms of California lemon law. The consumer takes full responsibility for any defects or nonconformities.

The dealer warranty or “as is” agreement must be specified on the buyer’s guide displayed on the vehicle.

Should You Hire a California Lemon Law Lawyer?

Hiring a California lemon law lawyer is the most important part of the process of seeking compensation from the manufacturer.

Automakers have no intention of taking responsibility for selling a defective vehicle, even if you have all the documentation in place. These global companies have high-powered legal defense teams to avoid paying for lemons. Working with a skilled lemon law attorney is the best chance of earning fair compensation.

Additionally, they know most consumers are facing the lemon law process for the first time. The manufacturer’s representatives have many tactics to talk unsuspecting consumers out of hiring a lemon attorney, including (but not limited to):

  • Convincing you to take the claim to arbitration
  • Tricking you into signing your rights away
  • Blame the consumer for the defect
  • Offering a low-ball settlement
  • Arguing the validity of your documentation

Don’t take the bait on any of these. Once your vehicle meets California’s lemon law guidelines, hire an experienced attorney – do not even communicate with the manufacturer past this point.

The Next Step

Hiring a California lemon law attorney is not a difficult – or pricey – process. In fact, a good lemon law lawyer shouldn’t charge you a penny to take your case.

To reiterate, manufacturers are required to cover all attorney fees and court costs as part of the buyback. That being said, lemon attorneys generally work on a contingency fee agreement. This means they make an agreed-upon percentage of the total settlement AFTER they win the case.

In other words, you pay nothing out of pocket to hire them.

Hopefully, this post has provided all the information you need to start a California lemon law claim for a defective vehicle.

Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.

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